Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


FISCAL REPAIR AMENDMENT BILL 2012

         Queensland



Fiscal Repair Amendment
Bill 2012

 


 

 

Queensland Fiscal Repair Amendment Bill 2012 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Part 2 Amendment of Duties Act 2001 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4 Amendment of s 137 (Exemption--mining, petroleum and other particular legislation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 Amendment of s 167 (What are an entity's land-holdings). . . . . . 17 6 Insertion of new ch 17, pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Part 17 Transitional and declaratory provisions for Fiscal Repair Amendment Act 2012 Division 1 Preliminary 630 Definitions for pt 17. . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 2 Declaratory provision 631 Declaratory provision--effect of amending Act on meaning of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 3 Provisions for exploration authorities Subdivision 1 Preliminary 632 Purpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Subdivision 2 Liability for duty 633 Meaning of land for retrospectivity period . . . . . . . . . 19 634 Meaning of statutory licence for retrospectivity period 19 635 Exemption from transfer duty for exploration authority granted during retrospectivity period . . . . . . . . . . . . . 19 636 Exemption from transfer duty for transfer of exploration authority under particular agreements . . . . . . . . . . . . 20 637 Particular exploration land-holdings not to be taken into account for working out landholder duty. . . . . . . . . . . 20 Subdivision 3 Obligations of parties--transfer duty

 


 

Fiscal Repair Amendment Bill 2012 Contents 638 Transfer duty--transactions previously not dutiable . . 21 639 Transfer duty--dutiable transactions not assessed before commencement day . . . . . . . . . . . . . . . . . . . . 22 640 Transfer duty--dutiable transactions assessed before commencement day . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Subdivision 4 Obligations of parties--landholder duty and corporate trustee duty 641 Landholder duty and corporate trustee duty-- acquisitions not previously dutiable . . . . . . . . . . . . . . 24 642 Landholder duty and corporate trustee duty--relevant acquisitions not assessed before commencement day 25 643 Landholder duty and corporate trustee duty--relevant acquisition assessed before commencement day . . . 26 Subdivision 5 Obligations of other parties 644 Obligation for self assessor . . . . . . . . . . . . . . . . . . . . 28 645 Obligation for other persons in relation to registration of particular instruments. . . . . . . . . . . . . . . . . . . . . . . . . 28 Subdivision 6 Miscellaneous provisions 646 Offences during retrospectivity period . . . . . . . . . . . . 29 647 Properly stamped instruments not affected . . . . . . . . 29 Division 4 Transitional provisions for other matters 648 Application of s 167 . . . . . . . . . . . . . . . . . . . . . . . . . . 30 649 Application of amended sch 3 . . . . . . . . . . . . . . . . . . 30 7 Replacement of sch 3 (Rates of duty on dutiable transactions and relevant acquisitions for landholder and corporate trustee duty) . 30 Schedule 3 Rates of duty on dutiable transactions and relevant acquisitions for landholder and corporate trustee duty 8 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 31 Part 3 Amendment of First Home Owner Grant Act 2000 Division 1 Preliminary 9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 2 Amendments taken to have commenced on 12 September 2012 10 Amendment of s 6 (Meaning of home) . . . . . . . . . . . . . . . . . . . . . 34 11 Amendment of s 20 (Amount of grant) . . . . . . . . . . . . . . . . . . . . . 35 12 Omission of s 25A (Meaning of new home for div 5) . . . . . . . . . . 35 13 Insertion of new pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Part 11 Transitional provisions for Fiscal Repair Amendment Act 2012 Page 2

 


 

Fiscal Repair Amendment Bill 2012 Contents 79 Continuing operation of Act for eligible transactions with commencement date before 12 September 2012 . . . 36 80 Application of s 20(1)(b) to particular contracts . . . . . 36 14 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 36 Division 3 Amendments commencing on 11 October 2012 15 Amendment of s 5 (Meaning of eligible transaction) . . . . . . . . . . 37 16 Amendment of s 20 (Amount of grant) . . . . . . . . . . . . . . . . . . . . . 38 17 Amendment of s 22A (Repayment of grant after completion of particular transactions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 18 Insertion of new s 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 81 Continuing operation of Act for particular eligible transactions with commencement date earlier than 11 October 2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Part 4 Amendment of Gaming Machine Act 1991 Division 1 Preliminary 19 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Division 2 Amendments commencing on assent 20 Amendment of pt 5, hdg (Licensing of repairers, service contractors, gaming nominees, gaming employees and key monitoring employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 21 Replacement of s 189 (Licensing requirements for carrying out gaming duties on licensed premises) . . . . . . . . . . . . . . . . . . . . . . 40 189 Requirements for carrying out gaming duties on licensed premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 22 Amendment of s 189A (Requirement to hold current responsible service of gambling course certificate) . . . . . . . . . . . . . . . . . . . . . 41 23 Amendment of s 191 (Certain persons must apply for gaming employee's licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 24 Amendment of s 193 (Meaning of nominee) . . . . . . . . . . . . . . . . 43 25 Omission of ss 196 and 197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 26 Amendment of s 198 (Applications for licences under this part) . 44 27 Amendment of s 201 (Decision on application) . . . . . . . . . . . . . . 44 28 Amendment of s 202 (Form of licence) . . . . . . . . . . . . . . . . . . . . 44 29 Amendment of s 207 (Renewal and continuance of licences) . . . 44 30 Amendment of s 209 (Display of certain licences, identity cards and particulars) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 31 Amendment of s 217 (Returns about employees and agreements) 45 32 Amendment of s 223 (Destruction of fingerprints) . . . . . . . . . . . . 46 33 Amendment of s 224 (Provisional licences) . . . . . . . . . . . . . . . . . 46 Page 3

 


 

Fiscal Repair Amendment Bill 2012 Contents 34 Amendment of s 366 (Regulation-making power) . . . . . . . . . . . . 46 35 Insertion of new pt 12, div 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 16 Transitional provisions for Fiscal Repair Amendment Act 2012 460 Definitions for div 16 . . . . . . . . . . . . . . . . . . . . . . . . . . 46 461 Application for gaming nominee's licence before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 462 Continuation of gaming employee's licence expiring before commencement. . . . . . . . . . . . . . . . . . . . . . . . 47 463 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 47 36 Amendment of sch 1 (Reviewable decisions). . . . . . . . . . . . . . . . 48 37 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 48 Division 3 Amendments commencing 1 July 2013 38 Replacement of ss 15-28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 1 Commissioner for Liquor and Gaming 15 Establishment of commissioner . . . . . . . . . . . . . . . . . 49 16 Functions of commissioner. . . . . . . . . . . . . . . . . . . . . 50 17 Powers of commissioner . . . . . . . . . . . . . . . . . . . . . . 50 18 Commissioner may make guidelines . . . . . . . . . . . . . 50 19 Commissioner may make standards . . . . . . . . . . . . . 51 20 Notice and availability of standard . . . . . . . . . . . . . . . 52 39 Replacement of s 29 (Who may apply for a review by tribunal) . . 52 29 Who may apply for a review by tribunal . . . . . . . . . . . 52 40 Amendment of s 30 (Effect of reconsidering a decision after application to QCAT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 41 Amendment of s 31 (Tribunal to decide review on evidence before the chief executive or commission). . . . . . . . . . . . . . . . . . . . . . . . 54 42 Amendment of s 32 (Tribunal may give leave for review to be decided on new evidence in particular circumstances) . . . . . . . . 54 43 Insertion of new pt 2, div 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 54 44 Replacement of s 50 (Delegations) . . . . . . . . . . . . . . . . . . . . . . . 54 50 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 45 Amendment of s 53 (Criminal history reports) . . . . . . . . . . . . . . . 55 46 Amendment of s 53A (Commissioner of police service to notify changes in criminal history) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 47 Amendment of s 54 (Confidentiality of information) . . . . . . . . . . . 56 48 Omission of ss 54A-54C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Page 4

 


 

Fiscal Repair Amendment Bill 2012 Contents 49 Amendment of s 55 (Gaming lawful and does not constitute nuisance) ...................................... 57 50 Amendment of s 55B (Community impact statement and statement of responsible gambling initiatives required for application of significant community impact) . . . . . . . . . . . . . . . . . . . . . . . . . 57 51 Amendment of s 55C (Advertisement of application of significant community impact) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 52 Amendment of s 55D (Community comments) . . . . . . . . . . . . . . 58 53 Amendment of s 56 (Application for gaming machine licences). . 58 54 Amendment of s 56A (Application for gaming machine licence for replacement category 1 licensed premises). . . . . . . . . . . . . . . . . 58 55 Amendment of s 56B (Application for gaming machine licence for replacement category 2 licensed premises). . . . . . . . . . . . . . . . . 58 56 Replacement of ss 57-58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 57 Consideration of application for gaming machine licence 59 58 Decision on application for gaming machine licence . 61 57 Amendment of s 60 (Basis on which number of gaming machines to be installed in premises and hours of gaming are to be decided) 65 58 Replacement of ss 62-63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 62 Consideration of additional premises application . . . . 66 63 Decision on additional premises application . . . . . . . 67 59 Amendment of s 68 (Issue of gaming machine licences generally) 68 60 Amendment of s 71A (Replacement of gaming machine licence for particular changes). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 61 Amendment of s 78 (Certain applications under Liquor Act 1992 subject to chief executive's certificate) . . . . . . . . . . . . . . . . . . . . . 69 62 Amendment of s 78A (Liquor licence transfer application, and additional premises application, for premises) . . . . . . . . . . . . . . . 70 63 Amendment of s 79 (Other applications under Liquor Act 1992) . 71 64 Replacement of ss 82-84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 82 Consideration of increase application (gaming machines) 71 83 Decision on increase application (gaming machines) 72 65 Replacement of ss 85B-85D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 85B Consideration of increase application (hours of gaming) 73 85C Decision on increase application (hours of gaming). . 74 66 Replacement of ss 90B-90D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 90B Consideration of decrease proposal (hours of gaming) 75 90C Decision on decrease proposal (hours of gaming). . . 76 Page 5

 


 

Fiscal Repair Amendment Bill 2012 Contents 67 Amendment of s 97 (Cancellation or suspension of gaming machine licences and letters of censure) . . . . . . . . . . . . . . . . . . . 77 68 Amendment of s 98 (Immediate suspension of gaming machine licence) ....................................... 79 69 Amendment of s 100 (Effect of suspension of licence) . . . . . . . . 80 70 Amendment of s 101 (Notices to interested persons) . . . . . . . . . 80 71 Amendment of s 106 (Appointment of administrator instead of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 72 Amendment of s 109F (When operating authorities become operating authorities of the State) . . . . . . . . . . . . . . . . . . . . . . . . 82 73 Amendment of s 109M (Application for approval) . . . . . . . . . . . . 82 74 Amendment of s 109N (Requirement about consideration for the transfer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 75 Amendment of s 109O (Requirements about transferor licensed premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 76 Amendment of s 109P (Requirements about transferee licensed premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 77 Amendment of s 109Q (Variation of terms of transfer) . . . . . . . . . 83 78 Amendment of s 109T (Application for approval) . . . . . . . . . . . . . 83 79 Amendment of s 109U (Requirements about transfer period and consideration for the transfer). . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 80 Amendment of s 109V (Requirements about transferor licensed premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 81 Amendment of s 109W (Requirements about transferee licensed premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 82 Amendment of s 109X (Variation of terms of transfer) . . . . . . . . . 84 83 Amendment of s 109ZA (When entitlement becomes entitlement of the State) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 84 Amendment of s 109ZH (Decrease in, or end of, temporary transfer of entitlements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 85 Amendment of s 116 (Further information to support application) 84 86 Replacement of ss 121-122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 122 Decision about application . . . . . . . . . . . . . . . . . . . . . 85 87 Amendment of s 139 (Grounds for suspension or cancellation). . 86 88 Amendment of s 145 (Direction to rectify) . . . . . . . . . . . . . . . . . . 86 89 Replacement of ss 146-147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 147 Decision to suspend or cancel . . . . . . . . . . . . . . . . . . 87 90 Amendment of s 148 (Suspension, cancellation and appointment of administrator) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 91 Amendment of s 149 (Immediate suspension) . . . . . . . . . . . . . . . 88 Page 6

 


 

Fiscal Repair Amendment Bill 2012 Contents 92 Amendment of s 150 (Effect of suspension). . . . . . . . . . . . . . . . . 89 93 Amendment of s 325I (Report about criminal history) . . . . . . . . . 89 94 Amendment of s 327 (Directions). . . . . . . . . . . . . . . . . . . . . . . . . 90 95 Amendment of s 335 (Minister may order inquiry) . . . . . . . . . . . . 90 96 Amendment of s 336 (Review and termination of agreements) . . 90 97 Amendment of s 344 (Approvals and authorities under this Act) . 91 98 Omission of s 345 (Signatories to approvals and written requirements etc. of the commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 99 Amendment of s 346 (Bribery of gaming officials) . . . . . . . . . . . . 91 100 Amendment of s 354 (Protection of officers etc.) . . . . . . . . . . . . . 91 101 Amendment of s 356 (Proceedings for offences) . . . . . . . . . . . . . 92 102 Amendment of s 357 (Starting proceedings) . . . . . . . . . . . . . . . . 92 103 Amendment of s 361 (Evidentiary provisions) . . . . . . . . . . . . . . . 92 104 Amendment of s 366 (Regulation-making power) . . . . . . . . . . . . 92 105 Amendment of s 460 (Definitions for div 16) . . . . . . . . . . . . . . . . 93 106 Insertion of new ss 464-476 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 464 Dissolution of Queensland Liquor and Gaming Commission ............................ 93 465 Guidelines of commission and chief executive continue as guidelines of commissioner . . . . . . . . . . . . . . . . . . 93 466 Standards continue as standards of commissioner . . 94 467 Operators audit guidelines continue as guidelines of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 468 Licensees audit guidelines continue as guideline of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 469 Applications made to chief executive or commission taken to be made to commissioner . . . . . . . . . . . . . . 94 470 Orders etc. of chief executive or commission taken to be orders etc. of commissioner . . . . . . . . . . . . . . . . . 95 471 Appeal to tribunal about decisions of chief executive or commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 472 Existing appeals about decisions of chief executive or commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 473 Documents held by chief executive or commission become documents of commissioner. . . . . . . . . . . . . 96 474 Approved forms continue as approved forms of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 475 References in Acts and documents . . . . . . . . . . . . . . 97 107 Replacement of sch 1 (Reviewable decisions) . . . . . . . . . . . . . . . 97 Page 7

 


 

Fiscal Repair Amendment Bill 2012 Contents Schedule 1 Reviewable decisions 108 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 102 109 Amendment of various sections for reference to chief executive . 103 110 Amendment of various sections for reference to commission . . . 113 Part 5 Amendment of Liquor Act 1992 111 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 112 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 115 113 Amendment of s 21 (Jurisdiction and powers of tribunal). . . . . . . 116 114 Amendment of s 30 (Who may apply for review of decisions) . . . 116 115 Amendment of s 31 (Failure to notify about decision) . . . . . . . . . 116 116 Amendment of s 32 (Notification of review to interested persons) 116 117 Amendment of s 33 (Tribunal to decide review on evidence before the chief executive or the commission). . . . . . . . . . . . . . . . . . . . . 117 118 Amendment of s 34 (Tribunal may give leave for review to be decided on new evidence in particular circumstances) . . . . . . . . 117 119 Amendment of s 42A (Chief executive may issue guidelines) . . . 117 120 Amendment of s 58A (Licences subject to conditions imposed under regulation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 121 Amendment of s 69 (Authority of subsidiary off-premises licence) 117 122 Amendment of s 89 (Definitions for div 8) . . . . . . . . . . . . . . . . . . 118 123 Amendment of s 94 (Protection from liability). . . . . . . . . . . . . . . . 118 124 Replacement of s 99G (Commissioner must provide information) 118 99G Police commissioner must provide information . . . . . 119 125 Amendment of s 103N (Adult entertainment code) . . . . . . . . . . . 119 126 Amendment of s 107 (Restrictions on grant of licence or permit) 119 127 Amendment of s 107F (Application to be referred to commissioner) 119 128 Amendment of s 109B (Controllers) . . . . . . . . . . . . . . . . . . . . . . . 120 129 Amendment of s 116 (When community impact statement to be given to chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 130 Amendment of s 119A (Objection by Minister to grant of applications having significant community impact). . . . . . . . . . . . . . . . . . . . . . 121 131 Amendment of s 137 (Procedure for taking disciplinary action in relation to licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 132 Amendment of s 137A (Decision about disciplinary action) . . . . . 121 133 Amendment of s 137B (Notice to be given about decision of chief executive or commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 134 Amendment of s 137D (Amount payable as a debt due to the State) 122 Page 8

 


 

Fiscal Repair Amendment Bill 2012 Contents 135 Omission of pt 5, div 7 (Decisions of significant community impact to be made by commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 136 Amendment of s 142R (Deciding application) . . . . . . . . . . . . . . . 122 137 Amendment of s 154A (Relocation of detached bottle shops) . . . 122 138 Amendment of s 173ZQ (Commissioner must provide information relevant to applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 139 Amendment of s 173ZR (Chief executive may give copy of order to commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 140 Amendment of s 219 (Community investment fund) . . . . . . . . . . 123 141 Amendment of s 232B (Commissioner to give information to chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 142 Insertion of new s 234A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 234A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 143 Insertion of new pt 12, div 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Division 12 Transitional provisions for Fiscal Repair Amendment Act 2012 308 Definitions for div 12 . . . . . . . . . . . . . . . . . . . . . . . . . . 124 309 Guidelines of chief executive or commissioner continue as guidelines of commissioner . . . . . . . . . . . . . . . . . . 125 310 Applications made to chief executive or commission taken to be made to commissioner . . . . . . . . . . . . . . 125 311 Orders etc. of chief executive or commission taken to be orders etc. of commissioner . . . . . . . . . . . . . . . . . 125 312 Appeal to tribunal about decisions of chief executive or commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 313 Existing appeals about decisions of chief executive or commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 314 Documents held by chief executive or commission become documents of commissioner. . . . . . . . . . . . . 127 315 Approved forms continue as approved forms of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 144 Amendment of various sections for reference to chief executive . 128 145 Amendment of various sections for reference to commission . . . 135 146 Amendment of various sections for reference to assistant commissioner ................................. 135 Part 6 Amendment of Mineral Resources Act 1989 147 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 148 Insertion of new s 321A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 321A Regulation may impose civil penalties . . . . . . . . . . . . 136 149 Replacement of ss 332 and 333. . . . . . . . . . . . . . . . . . . . . . . . . . 137 Page 9

 


 

Fiscal Repair Amendment Bill 2012 Contents 332 Unpaid royalty interest . . . . . . . . . . . . . . . . . . . . . . . . 137 332A Application of payments . . . . . . . . . . . . . . . . . . . . . . . 137 333 Recovery of unpaid amounts . . . . . . . . . . . . . . . . . . . 138 150 Insertion of new pt 19, div 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Division 18 Transitional provision for Fiscal Repair Amendment Act 2012 805 Application of Act to particular unpaid royalty . . . . . . 139 151 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 139 Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004 152 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 153 Amendment of s 81 (Conditions for renewal application) . . . . . . . 139 154 Amendment of s 103 (Applying to divide). . . . . . . . . . . . . . . . . . . 140 155 Amendment of s 161 (Conditions for renewal application) . . . . . . 140 156 Amendment of s 171 (Applying to divide). . . . . . . . . . . . . . . . . . . 140 157 Amendment of s 595 (Fee for late lodgement of royalty return) . . 140 158 Amendment of s 597 (Petroleum producer's obligations if use of estimates approved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 159 Amendment of s 600 (Overpayments) . . . . . . . . . . . . . . . . . . . . . 141 160 Replacement of s 602 (Interest on unpaid petroleum royalty or additional petroleum royalty) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 602 Unpaid royalty interest . . . . . . . . . . . . . . . . . . . . . . . . 141 602A Application of payments . . . . . . . . . . . . . . . . . . . . . . . 142 161 Amendment of s 603 (Recovery of unpaid petroleum royalty and interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 162 Insertion of new s 604A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 604A Regulation may impose civil penalties . . . . . . . . . . . . 143 163 Insertion of new ch 15, pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Part 14 Transitional provisions for Fiscal Repair Amendment Act 2012 974 Application of Act to particular unpaid royalty . . . . . . 144 975 Remission of late payment fee under s 595 . . . . . . . . 144 164 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 144 Part 8 Amendment of Queensland Competition Authority Act 1997 165 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 166 Amendment of s 10 (Authority's functions) . . . . . . . . . . . . . . . . . . 145 167 Amendment of s 12 (Directions by Ministers about authority's functions) ...................................... 145 Page 10

 


 

Fiscal Repair Amendment Bill 2012 Contents 168 Amendment of s 234 (Cabinet matter not to be disclosed) . . . . . 145 169 Amendment of s 239, hdg (Confidential information) . . . . . . . . . . 146 170 Insertion of new s 239A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 239A Confidential information--regulatory proposals, regulatory impact statements and exempt matter . . . 146 171 Omission of pt 11 (Transitional provisions for Queensland Competition Authority Amendment Act 2008) . . . . . . . . . . . . . . . 147 172 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 147 Part 9 Amendment of State Penalties Enforcement Act 1999 173 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 174 Replacement of s 152 (Information from entities other than police service). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 152 Information from persons other than police service . . 148 152A Attendance by persons other than police service. . . . 149 152B Power to record giving of information . . . . . . . . . . . . . 150 152C Registrar may require translation or conversion of document or information. . . . . . . . . . . . . . . . . . . . . . . 150 152D Self-incrimination not a reasonable excuse for failure to comply with requirement under s 152 or 152A. . . . . . 151 152E False or misleading documents . . . . . . . . . . . . . . . . . 151 152F False or misleading information . . . . . . . . . . . . . . . . . 152 152G Disclosure of confidential information--information acquired by official in official's capacity . . . . . . . . . . . 152 152H Other obligations about disclosure of confidential information .......................... 154 152I Refusal to disclose particular information. . . . . . . . . . 155 Part 10 Amendment of Statutory Instruments Act 1992 175 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 176 Amendment of s 4 (Displacement of Act by contrary intention) . . 156 177 Omission of pt 5 (Guidelines for regulatory impact statements). . 156 Part 11 Amendment of Taxation Administration Act 2001 178 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 179 Amendment of s 111 (Disclosure of confidential information) . . . 156 Part 12 Amendment of Vocational Education, Training and Employment Act 2000 180 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 181 Amendment of ch 5, hdg (Ombudsman and Skills Queensland) . 157 182 Omission of ch 5, pt 1 (Training ombudsman) . . . . . . . . . . . . . . . 158 Page 11

 


 

Fiscal Repair Amendment Bill 2012 Contents 183 Replacement of ch 5, pt 3, hdg (Training and Employment Recognition Council) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 184 Amendment of s 183B (Decision about employment exemption). 158 185 Amendment of s 183C (Amending or cancelling employment exemption) ...................................... 158 186 Amendment of s 224 (Review by QCAT) . . . . . . . . . . . . . . . . . . . 158 187 Amendment of s 277 (False or misleading statements to official) 159 188 Amendment of s 284 (Other disclosure of interests) . . . . . . . . . . 159 189 Amendment of s 286 (Protection of confidentiality) . . . . . . . . . . . 159 190 Amendment of s 289 (Evidentiary provisions) . . . . . . . . . . . . . . . 159 191 Amendment of s 290 (Protection from liability). . . . . . . . . . . . . . . 160 192 Insertion of new ch 10, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Part 8 Transitional provisions for Fiscal Repair Amendment Act 2012 407 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 408 End of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . 160 409 Documents and records . . . . . . . . . . . . . . . . . . . . . . . 161 410 Transitional regulation-making power . . . . . . . . . . . . . 161 193 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 162 Part 13 Repeals and amendment of other Acts Division 1 Repeals 194 Repeal of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Division 2 Amendment of other Acts 195 Minor and consequential amendments . . . . . . . . . . . . . . . . . . . . 163 Schedule Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Child Care Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Coastal Protection and Management Act 1995 . . . . . . . . . . . . . . 164 Corporations (Ancillary Provisions) Act 2001 . . . . . . . . . . . . . . . . 164 Disaster Management Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Evidence Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Legislative Standards Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Marine Parks Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Motor Racing Events Act 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Parliament of Queensland Act 2001. . . . . . . . . . . . . . . . . . . . . . . 166 Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Public Safety Preservation Act 1986 . . . . . . . . . . . . . . . . . . . . . . 167 Supreme Court of Queensland Act 1991 . . . . . . . . . . . . . . . . . . . 167 Page 12

 


 

Fiscal Repair Amendment Bill 2012 Contents Tobacco and Other Smoking Products Act 1998 . . . . . . . . . . . . . 168 Transport Operations (Marine Safety) Act 1994 . . . . . . . . . . . . . . 168 Transport Operations (Passenger Transport) Act 1994 . . . . . . . . 168 Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 Wet Tropics World Heritage Protection and Management Act 1993 169 Page 13

 


 

 

2012 A Bill for An Act to amend the Duties Act 2001, the First Home Owner Grant Act 2000, the Gaming Machine Act 1991, the Liquor Act 1992, the Mineral Resources Act 1989, the Petroleum and Gas (Production and Safety) Act 2004, the Queensland Competition Authority Act 1997, the State Penalties Enforcement Act 1999, the Statutory Instruments Act 1992, the Taxation Administration Act 2001 and the Vocational Education, Training and Employment Act 2000 for particular purposes, and to make consequential or minor amendments of other Acts as stated in the schedule

 


 

Fiscal Repair Amendment Bill 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Fiscal Repair Amendment Act 4 2012. 5 Clause 2 Commencement 6 (1) Part 3, division 2 is taken to have commenced on 12 7 September 2012. 8 (2) Part 3, division 3 commences on 11 October 2012. 9 (3) Part 4, division 3 and part 5 commence on 1 July 2013. 10 (4) Parts 6 and 7 commence on 1 October 2012. 11 (5) Part 12 commences on 1 November 2012. 12 (6) The following provisions commence on a day to be fixed by 13 proclamation 14 (a) part 10; 15 (b) the schedule, other than to the extent it amends the 16 Tobacco and Other Smoking Products Act 1998. 17 Part 2 Amendment of Duties Act 2001 18 Clause 3 Act amended 19 This part amends the Duties Act 2001. 20 Page 16

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 4] Claus 4 Amendment of s 137 (Exemption--mining, petroleum and 1 other particular legislation) 2 (1) Section 137(1)(a)-- 3 omit, insert-- 4 `(a) the grant of a resource authority; or'. 5 (2) Section 137(3)-- 6 omit. 7 (3) Section 137(4) and (5)-- 8 renumber as section 137(3) and (4). 9 Clause 5 Amendment of s 167 (What are an entity's land-holdings) 10 Section 167(1)(a), from `the entity's' to `other than'-- 11 omit, insert-- 12 `the entity's interest in land, and anything fixed to the land 13 that may be separately owned from the land (whether or not 14 the entity has an interest in the thing fixed to the land), other 15 than'. 16 Clause 6 Insertion of new ch 17, pt 17 17 Chapter 17-- 18 insert-- 19 `Part 17 Transitional and declaratory 20 provisions for Fiscal Repair 21 Amendment Act 2012 22 `Division 1 Preliminary 23 `630 Definitions for pt 17 24 `In this part-- 25 Page 17

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 6] acquirer, in relation to a relevant acquisition in a landholder, 1 includes a related person of the acquirer who, under section 2 175(2), is jointly and severally liable for the payment of 3 landholder duty on the relevant acquisition. 4 amending Act means the Fiscal Repair Amendment Act 2012. 5 commencement day means the day this section commences. 6 retrospectivity period means the period beginning at the start 7 time and ending immediately before the commencement day. 8 start time means 10.30a.m. on 13 January 2012. 9 `Division 2 Declaratory provision 10 `631 Declaratory provision--effect of amending Act on 11 meaning of land 12 `(1) For deciding whether a resource authority, other than an 13 exploration authority, was land under the pre-amended Act, 14 the amendment of schedule 6 by the amending Act is to be 15 disregarded. 16 `(2) In this section-- 17 pre-amended Act means this Act as in force before the 18 commencement day. 19 `Division 3 Provisions for exploration 20 authorities 21 `Subdivision 1 Preliminary 22 `632 Purpose of div 3 23 `The purpose of this division is to provide for the imposition 24 of duty in relation to exploration authorities during the 25 retrospectivity period. 26 Page 18

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 6] `Subdivision 2 Liability for duty 1 `633 Meaning of land for retrospectivity period 2 `(1) During the retrospectivity period, this Act is taken to have 3 applied as if schedule 6, definition land had provided as 4 follows-- 5 `land-- 6 (a) includes-- 7 (i) airspace above land and the coastal waters of the 8 State; and 9 (ii) an exploration authority; but 10 (b) does not include an exploration permit under the 11 Petroleum (Submerged Lands) Act 1982.'. 12 `(2) For subsection (1), schedule 6, definition exploration 13 authority, as inserted by section 8 of the amending Act, is 14 taken to have had effect on and from the start time. 15 `634 Meaning of statutory licence for retrospectivity period 16 `During the retrospectivity period, this Act is taken to have 17 applied as if schedule 6, definition statutory licence had 18 provided as follows-- 19 `statutory licence means a licence, permit or other authority 20 issued or given under a Queensland or Commonwealth Act, 21 other than the following-- 22 (a) a chattel authority; 23 (b) an exploration permit under the Petroleum (Submerged 24 Lands) Act 1982.'. 25 `635 Exemption from transfer duty for exploration authority 26 granted during retrospectivity period 27 `Transfer duty is not imposed on a dutiable transaction 28 mentioned in section 9(1)(f) that is the grant of an exploration 29 Page 19

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 6] authority if liability for transfer duty arose during the 1 retrospectivity period. 2 `636 Exemption from transfer duty for transfer of exploration 3 authority under particular agreements 4 `(1) This section applies to a dutiable transaction mentioned in 5 section 9(1)(a) that is the transfer, on or after the start time, of 6 an exploration authority if-- 7 (a) the transfer is made under an agreement for the transfer 8 of the exploration authority, whether conditional or not; 9 and 10 (b) the agreement for the transfer was entered into before 11 the start time. 12 `(2) Transfer duty is not imposed on the dutiable transaction. 13 `637 Particular exploration land-holdings not to be taken into 14 account for working out landholder duty 15 `(1) This section applies if-- 16 (a) a relevant acquisition in a landholder is made on or after 17 the start time; and 18 (b) there was, before the start time, an agreement to acquire 19 the interest that is the subject of the relevant acquisition, 20 whether the agreement is conditional or not; and 21 (c) the interest is, under section 163(2)(b), acquired after 22 the start time. 23 `(2) Exploration land-holdings must be excluded from the 24 Queensland land-holdings of the landholder for the purposes 25 of-- 26 (a) if the landholder is a private landholder--working out 27 the dutiable value of the relevant acquisition under 28 section 179; or 29 Page 20

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 6] (b) if the landholder is a public landholder--working out 1 the landholder duty imposed on the relevant acquisition 2 under section 179A. 3 `(3) In this section-- 4 exploration land-holdings, of a landholder, means 5 land-holdings mentioned in section 167 if the land is an 6 exploration authority. 7 `Subdivision 3 Obligations of parties--transfer 8 duty 9 `638 Transfer duty--transactions previously not dutiable 10 `(1) This section applies to a dutiable transaction for which 11 liability for transfer duty arose during the retrospectivity 12 period, if-- 13 (a) but for this division, the transaction would not have been 14 a dutiable transaction under chapter 2; and 15 (b) for assessing transfer duty on the dutiable transaction-- 16 (i) section 30 does not apply to the transaction; or 17 (ii) if section 30 applies to the transaction--paragraph 18 (a) applies to each of the dutiable transactions that 19 are to be aggregated. 20 `(2) The period within which the parties liable to pay transfer duty 21 relating to the dutiable transaction must comply with section 22 19(3) is taken to be 30 days after the commencement day. 23 `(3) For a standard self assessment of duty on the dutiable 24 transaction-- 25 (a) the date liability for duty for the transaction arises is, for 26 section 455A(3), taken to be the commencement day; 27 and 28 (b) the date by which a liable party to the instrument that 29 effects or evidences the transaction must comply with 30 Page 21

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 6] section 471E(1) is taken to be 30 days after the 1 commencement day. 2 `639 Transfer duty--dutiable transactions not assessed 3 before commencement day 4 `(1) This section applies to a dutiable transaction for which 5 liability for transfer duty arose during the retrospectivity 6 period, if-- 7 (a) but for this division, the dutiable value of the transaction 8 would have been required to be assessed without having 9 regard to an exploration authority; and 10 (b) because of this division, the dutiable value of the 11 transaction is required to be assessed having regard to 12 dutiable property that is an exploration authority; and 13 (c) before the commencement day, an assessment of a 14 party's liability for transfer duty on the dutiable 15 transaction has not been made, or taken to have been 16 made, by the commissioner. 17 Note-- 18 A reference in this subsection to a dutiable transaction includes a 19 reference to a dutiable transaction that should have been assessed under 20 section 30 together with 1 or more other dutiable transactions that, but 21 for this division, would not have been dutiable transactions. 22 `(2) Section 638(2) and (3) applies in relation to the dutiable 23 transaction. 24 `(3) However, to the extent unpaid primary tax relating to the 25 dutiable transaction is attributable to dutiable property other 26 than an exploration authority, section 638(2) and (3) does not 27 affect-- 28 (a) the start date for unpaid tax interest on the unpaid 29 primary tax under the Administration Act, section 54; or 30 (b) a party's liability for penalty tax. 31 Page 22

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 6] `640 Transfer duty--dutiable transactions assessed before 1 commencement day 2 `(1) This section applies to a dutiable transaction for which 3 liability for transfer duty arose during the retrospectivity 4 period, if-- 5 (a) but for this division, the dutiable value of the transaction 6 would have been required to be assessed without having 7 regard to an exploration authority; and 8 (b) because of this division, the dutiable value of the 9 transaction is required to be assessed having regard to 10 dutiable property that is an exploration authority; and 11 (c) before the commencement day, an assessment has been 12 made, or taken to have been made, of a party's liability 13 for transfer duty on the dutiable transaction. 14 Note-- 15 A reference in this subsection to a dutiable transaction includes a 16 reference to a dutiable transaction that should have been assessed under 17 section 30 together with 1 or more other dutiable transactions that, but 18 for this division, would not have been dutiable transactions. 19 `(2) Transfer duty for the dutiable transaction must be reassessed. 20 `(3) Within 30 days after the commencement day, a party liable for 21 transfer duty on the dutiable transaction must-- 22 (a) give notice in the approved form to the commissioner 23 that the reassessment is required; and 24 (b) lodge the instrument that effects or evidences the 25 transaction or the transfer duty statement for the 26 transaction. 27 Note-- 28 Under the Administration Act, failure to give the commissioner notice 29 about a matter under a tax law is an offence under section 120 of that 30 Act. Also, under the Administration Act, the requirement under 31 paragraph (b) is a lodgement requirement for which a failure to comply 32 is an offence under section 121 of that Act. 33 `(4) If a party complies with subsection (3) for the dutiable 34 transaction, the party is not liable for penalty tax under the 35 Administration Act, section 58(2)(c) to the extent the 36 Page 23

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 6] difference between the transfer duty assessed on the original 1 assessment, and on the reassessment, is attributable to 2 dutiable property that is an exploration authority. 3 `(5) Subsection (6) applies to unpaid tax interest that is payable on 4 unpaid primary tax for the dutiable transaction, to the extent 5 the tax is attributable to dutiable property that is an 6 exploration authority. 7 `(6) For the Administration Act, section 54(2) and (2A), the start 8 date is-- 9 (a) the due date for the reassessment under this section; or 10 (b) if the party has not complied with subsection (3)--the 11 date that is the same number of days before the due date 12 for the reassessment as the number of days in the 13 periods of noncompliance with the subsection. 14 `Subdivision 4 Obligations of parties--landholder 15 duty and corporate trustee duty 16 `641 Landholder duty and corporate trustee 17 duty--acquisitions not previously dutiable 18 `(1) This section applies to a relevant acquisition in a landholder or 19 corporate trustee for which liability for duty arose during the 20 retrospectivity period, if-- 21 (a) but for this division, the acquisition would not have been 22 a relevant acquisition in a landholder or corporate 23 trustee under chapter 3; and 24 (b) for assessing landholder duty or corporate trustee duty 25 on the relevant acquisition-- 26 (i) section 180 or 223 does not apply to the 27 acquisition; or 28 (ii) if section 180 or 223 applies to the 29 acquisition--paragraph (a) applies to each of the 30 acquisitions that are to be aggregated. 31 Page 24

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 6] `(2) The period within which the acquirer must comply with 1 section 177 or 217 is taken to be 30 days after the 2 commencement day. 3 `642 Landholder duty and corporate trustee duty--relevant 4 acquisitions not assessed before commencement day 5 `(1) This section applies to a relevant acquisition in a landholder or 6 corporate trustee for which liability for duty arose during the 7 retrospectivity period, if-- 8 (a) but for this division, the following would have been 9 required to be assessed without having regard to an 10 exploration authority-- 11 (i) for a relevant acquisition in a public 12 landholder--the amount of duty imposed on the 13 relevant acquisition; 14 (ii) otherwise--the dutiable value of the relevant 15 acquisiton; and 16 (b) because of this division, the dutiable value of, or the 17 amount of duty imposed on, the relevant acquisition is 18 required to be assessed having regard to-- 19 (i) for landholder duty--land-holdings that are an 20 exploration authority; or 21 (ii) for corporate trustee duty--dutiable property, or an 22 indirect interest in dutiable property, that is an 23 exploration authority; and 24 (c) before the commencement day, an assessment of the 25 acquirer's liability for landholder duty or corporate 26 trustee duty on the relevant acquisition has not been 27 made by the commissioner. 28 Note-- 29 A reference in this subsection to a relevant acquisition includes a 30 reference to a relevant acquisition that should have been assessed under 31 section 180 or 233 together with 1 or more other relevant acquisitions 32 that, but for this division, would not have been relevant acquisitions. 33 `(2) Section 641(2) applies in relation to the relevant acquisition. 34 Page 25

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 6] `(3) However, to the extent unpaid primary tax relating the 1 relevant acquisition is attributable to land-holdings or dutiable 2 property other than an exploration authority, section 641(2) 3 does not affect-- 4 (a) the start date for unpaid tax interest on the unpaid 5 primary tax under the Administration Act, section 54; or 6 (b) the acquirer's liability for penalty tax. 7 `643 Landholder duty and corporate trustee duty--relevant 8 acquisition assessed before commencement day 9 `(1) This section applies to a relevant acquisition in a landholder or 10 corporate trustee for which liability for duty arose during the 11 retrospectivity period, if-- 12 (a) but for this division, the following would have been 13 required to be assessed without having regard to an 14 exploration authority-- 15 (i) for a relevant acquisition in a public 16 landholder--the amount of duty imposed on the 17 relevant acquisition; 18 (ii) otherwise--the dutiable value of the relevant 19 acquisiton; and 20 (b) because of this division, the dutiable value of, or the 21 amount of duty imposed on, the relevant acquisition is 22 required to be assessed having regard to-- 23 (i) for landholder duty--land-holdings that are an 24 exploration authority; or 25 (ii) for corporate trustee duty--dutiable property, or an 26 indirect interest in dutiable property, that is an 27 exploration authority; and 28 (c) before the commencement day, an assessment of the 29 acquirer's liability for landholder duty or corporate 30 trustee duty on the relevant acquisition has been made 31 by the commissioner. 32 Page 26

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 6] Note-- 1 A reference in this subsection to a relevant acquisition includes a 2 reference to a relevant acquisition that should have been assessed under 3 section 180 or 233 together with 1 or more other relevant acquisitions 4 that, but for this division, would not have been relevant acquisitions. 5 `(2) Landholder duty or corporate trustee duty for the relevant 6 acquisition must be reassessed. 7 `(3) Within 30 days after the commencement day, the acquirer 8 must-- 9 (a) give notice in the approved form to the commissioner 10 that the reassessment is required; and 11 (b) lodge the landholder duty statement or corporate trustee 12 duty statement for the relevant acquisition. 13 Note-- 14 Under the Administration Act, failure to give the commissioner notice 15 about a matter under a tax law is an offence under section 120 of that 16 Act. Also, under the Administration Act, the requirement under 17 paragraph (b) is a lodgement requirement for which a failure to comply 18 is an offence under section 121 of that Act. 19 `(4) If the acquirer complies with subsection (3), the acquirer is 20 not liable for penalty tax under the Administration Act, 21 section 58(2)(c) to the extent the difference between the duty 22 assessed on the original assessment, and on the reassessment, 23 is attributable to a land-holding or dutiable property that is an 24 exploration authority. 25 `(5) Subsection (6) applies to unpaid tax interest that is payable on 26 unpaid primary tax for the relevant acquisition, to the extent 27 the tax is attributable to a land-holding or dutiable property 28 that is an exploration authority. 29 `(6) For the Administration Act, section 54(2) and (2A), the start 30 date is-- 31 (a) the due date for the reassessment under this section; or 32 (b) if the acquirer has not complied with subsection 33 (3)--the date that is the same number of days before the 34 due date for the reassessment as the number of days in 35 the periods of noncompliance with the subsection. 36 Page 27

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 6] `Subdivision 5 Obligations of other parties 1 `644 Obligation for self assessor 2 `(1) This section applies to a self assessor registered under chapter 3 12, part 3 if-- 4 (a) during the retrospectivity period, the self assessor 5 lodged a transaction statement under section 455 or 6 455A; and 7 (b) the transaction statement relates to a dutiable transaction 8 or relevant acquisition to which subdivision 3 or 4 9 applies. 10 `(2) The self assessor must, within 30 days after the 11 commencement day, give notice to the commissioner that the 12 transaction statement was lodged. 13 Note-- 14 Under the Administration Act, failure to give the commissioner notice 15 about a matter under a tax law is an offence under section 120 of that 16 Act. 17 `(3) Section 488 applies to a failure by a self assessor to comply 18 with subsection (2). 19 `645 Obligation for other persons in relation to registration of 20 particular instruments 21 `(1) This section applies if, during the retrospectivity period-- 22 (a) a person-- 23 (i) recorded an instrument or transaction in a register 24 of interests in property; and 25 (ii) the instrument, or the instrument that effects or 26 evidences the transaction, relates to a transaction or 27 acquisition to which subdivision 3 or 4 applies; or 28 (b) the trustee or responsible entity of a unit trust-- 29 Page 28

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 6] (i) recorded in the trust's records an instrument that 1 effects or evidences a trust acquisition or trust 2 surrender of units in a unit trust; and 3 (ii) section 638, 639 or 640 applies to the trust 4 acquisition or trust surrender; or 5 (c) a person-- 6 (i) entered in the records of a corporation or society an 7 instrument that effects or evidences a relevant 8 acquisition; and 9 (ii) section 641, 642 or 643 applies to the relevant 10 acquisition. 11 `(2) The person, trustee or responsible entity must, within 30 days 12 after the commencement day, give notice to the commissioner 13 that the record or entry was made. 14 Note-- 15 Under the Administration Act, failure to give the commissioner notice 16 about a matter under a tax law is an offence under section 120 of that 17 Act. 18 `Subdivision 6 Miscellaneous provisions 19 `646 Offences during retrospectivity period 20 `(1) A person can not be prosecuted under this Act or the 21 Administration Act for an act or omission done or omitted to 22 be done during the retrospectivity period if, when the act or 23 omission occurred, it would not have constituted an offence 24 but for this division. 25 `(2) Subsection (1) does not limit the Criminal Code, section 11. 26 `647 Properly stamped instruments not affected 27 `(1) This section applies to an instrument that was stamped during 28 the retrospectivity period. 29 Page 29

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 7] `(2) If, at the time the instrument was stamped, it was properly 1 stamped under section 491 but for this division, the instrument 2 is taken to have been properly stamped despite this division. 3 `Division 4 Transitional provisions for other 4 matters 5 `648 Application of s 167 6 `Section 167, as amended by the amending Act, section 5 7 applies to a relevant acquisition made on or after the 8 commencement day. 9 `649 Application of amended sch 3 10 `Schedule 3 as in force on the commencement day applies to 11 dutiable transactions and relevant acquisitions if liability for 12 transfer duty, landholder duty or corporate trustee duty arises 13 on or after the commencement day.'. 14 Clause 7 Replacement of sch 3 (Rates of duty on dutiable 15 transactions and relevant acquisitions for landholder and 16 corporate trustee duty) 17 Schedule 3-- 18 omit, insert-- 19 Page 30

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 8] `Schedule 3 Rates of duty on dutiable 1 transactions and 2 relevant acquisitions for 3 landholder and corporate 4 trustee duty 5 sections 24(2), 91, 92, 93, 178A and 216 6 Column 1 Column 2 Dutiable value of dutiable Rate of duty transaction or relevant acquisition Not more than $5000 Nil More than $5000 but not more $1.50 for each $100, or part of than $75000 $100, by which the dutiable value is more than $5000 More than $75000 but not more $1050 plus $3.50 for each $100, or than $540000 part of $100, by which the dutiable value is more than $75000 More than $540000 but not more $17325 plus $4.50 for each $100, than $1m or part of $100, by which the dutiable value is more than $540000 More than $1m $38025 plus $5.75 for each $100, or part of $100, by which the dutiable value is more than $1m'. Clause 8 Amendment of sch 6 (Dictionary) 7 (1) Schedule 6, definitions acquirer, amending Act and land-- 8 omit. 9 Page 31

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 8] (2) Schedule 6-- 1 insert-- 2 `acquirer-- 3 (a) for chapter 2, part 8, division 7, means a person who 4 acquires an indirect interest in a land holding trust; 5 (b) for chapter 17, part 17, see section 630. 6 amending Act-- 7 (a) for chapter 17, part 6, see section 568; or 8 (b) for chapter 17, part 17, see section 630. 9 commencement day-- 10 (a) for chapter 17, part 2, see section 510; or 11 (b) for chapter 17, part 17, see section 630. 12 exploration authority means a following authority-- 13 (a) an authority to prospect under the Petroleum Act 1923 or 14 Petroleum and Gas (Production and Safety) Act 2004; 15 (b) an exploration permit or prospecting permit under the 16 Mineral Resources Act 1989; 17 (c) a geothermal exploration permit under the Geothermal 18 Energy Act 2010; 19 (d) a GHG exploration permit under the Greenhouse Gas 20 Storage Act 2009. 21 land-- 22 (a) includes-- 23 (i) airspace above land and the coastal waters of the 24 State; and 25 (ii) a resource authority; but 26 (b) does not include an exploration permit under the 27 Petroleum (Submerged Lands) Act 1982. 28 resource authority means any of the following-- 29 Page 32

 


 

Fiscal Repair Amendment Bill 2012 Part 2 Amendment of Duties Act 2001 [s 8] (a) a geothermal tenure under the Geothermal Energy Act 1 2010; 2 (b) a GHG authority under the Greenhouse Gas Storage Act 3 2009; 4 (c) a mining tenement under the Mineral Resources Act 5 1989; 6 (d) the following petroleum authorities under the Petroleum 7 and Gas (Production and Safety) Act 2004-- 8 (i) an authority to prospect; 9 (ii) a petroleum lease; 10 (iii) a data acquisition authority; 11 (iv) a water monitoring authority; 12 (v) a pipeline licence; 13 (vi) a petroleum facility licence; 14 (e) an authority to prospect or lease under the Petroleum Act 15 1923; 16 (f) a sublease under the following-- 17 (i) a geothermal coordination arrangement under the 18 Geothermal Energy Act 2010; 19 (ii) a GHG coordination arrangement under the 20 Greenhouse Gas Storage Act 2009; 21 (iii) a coordination arrangement under the Petroleum 22 and Gas (Production and Safety) Act 2004. 23 retrospectivity period, for chapter 17, part 17, see section 630. 24 start time, for chapter 17, part 17, see section 630.'. 25 (3) Schedule 6, definition statutory licence, paragraphs (b) and 26 (c)-- 27 omit. 28 (4) Schedule 6, definition statutory licence, paragraph (d)-- 29 renumber as paragraph (b). 30 Page 33

 


 

Fiscal Repair Amendment Bill 2012 Part 3 Amendment of First Home Owner Grant Act 2000 [s 9] Part 3 Amendment of First Home 1 Owner Grant Act 2000 2 Division 1 Preliminary 3 Clause 9 Act amended 4 This part amends the First Home Owner Grant Act 2000. 5 Division 2 Amendments taken to have 6 commenced on 12 September 2012 7 Clause 10 Amendment of s 6 (Meaning of home) 8 (1) Section 6, heading, after `home'-- 9 insert-- 10 `and new home'. 11 (2) Section 6-- 12 insert-- 13 `(2) A new home is a home that-- 14 (a) has not been previously occupied or sold as a place of 15 residence; or 16 (b) is a substantially renovated home. 17 `(3) For subsection (2)(b), a home is a substantially renovated 18 home if-- 19 (a) the home is the subject of a contract for the purchase of 20 the home; and 21 (b) the sale of the home under the contract is, under the A 22 New Tax System (Goods and Services Tax) Act 1999 23 (Cwlth), a taxable supply as a sale of new residential 24 premises as defined under section 40-75(1)(b) of that 25 Act; and 26 Page 34

 


 

Fiscal Repair Amendment Bill 2012 Part 3 Amendment of First Home Owner Grant Act 2000 [s 11] (c) the home, as renovated, has not been previously 1 occupied or sold as a place of residence.'. 2 Clause 11 Amendment of s 20 (Amount of grant) 3 (1) Section 20(b)-- 4 omit, insert-- 5 `(b) either-- 6 (i) for a new home eligible transaction--$15000; or 7 (ii) for another eligible transaction--$7000.'. 8 (2) Section 20-- 9 insert-- 10 `(2) In this section-- 11 new home eligible transaction means an eligible transaction 12 that is-- 13 (a) a contract for the purchase of a new home; or 14 (b) a comprehensive home building contract to build a new 15 home; or 16 (c) the building of a new home by an owner builder.'. 17 Clause 12 Omission of s 25A (Meaning of new home for div 5) 18 Section 25A-- 19 omit. 20 Clause 13 Insertion of new pt 11 21 After part 10-- 22 insert-- 23 Page 35

 


 

Fiscal Repair Amendment Bill 2012 Part 3 Amendment of First Home Owner Grant Act 2000 [s 14] `Part 11 Transitional provisions for 1 Fiscal Repair Amendment Act 2 2012 3 `79 Continuing operation of Act for eligible transactions with 4 commencement date before 12 September 2012 5 `(1) This section applies in relation to an eligible transaction if the 6 commencement date for the transaction is a date before 12 7 September 2012. 8 `(2) This Act continues to apply in relation to the eligible 9 transaction as if this Act had not been amended by the Fiscal 10 Repair Amendment Act 2012, part 3, division 2. 11 `80 Application of s 20(1)(b) to particular contracts 12 `(1) This section applies to an eligible transaction mentioned in 13 section 5(1)(a) or (b) made on or after 12 September 2012 if 14 the commissioner is satisfied the transaction forms part of a 15 scheme to obtain an increased amount of a first home owner 16 grant under section 20 as amended by the Fiscal Repair 17 Amendment Act 2012. 18 `(2) Unless satisfied to the contrary, the commissioner must 19 presume the existence of a scheme mentioned in subsection 20 (1) if the contract that is the eligible transaction replaces a 21 contract to purchase, or a comprehensive home building 22 contract to build, the same or substantially similar new home 23 that was made before 12 September 2012. 24 `(3) Despite section 20, the amount of a first home owner grant for 25 the eligible transaction is the lesser of the following-- 26 (a) the consideration for the transaction; 27 (b) $7000.'. 28 Clause 14 Amendment of schedule (Dictionary) 29 Schedule, definition new home-- 30 Page 36

 


 

Fiscal Repair Amendment Bill 2012 Part 3 Amendment of First Home Owner Grant Act 2000 [s 15] omit, insert-- 1 `new home see section 6.'. 2 Division 3 Amendments commencing on 11 3 October 2012 4 Clause 15 Amendment of s 5 (Meaning of eligible transaction) 5 (1) Section 5(1) to (3)-- 6 omit, insert-- 7 `(1) An eligible transaction is-- 8 (a) a contract made on or after 1 July 2000 for the purchase 9 of a new home in the State; or 10 (b) a comprehensive home building contract made by the 11 owner of land in the State, or a person who will on 12 completion of the contract be the owner of land in the 13 State, to have a new home built on the land, if the 14 contract is made on or after 1 July 2000; or 15 (c) the building of a new home in the State by an owner 16 builder if the building work starts on or after 1 July 17 2000. 18 `(2) Also, each of the following is an eligible transaction-- 19 (a) a contract made on or after 1 July 2000 but before 11 20 October 2012 for the purchase of a home, other than a 21 new home, in the State; 22 (b) a comprehensive home building contract made by the 23 owner of land in the State, or a person who will on 24 completion of the contract be the owner of land in the 25 State, to have a home, other than a new home, built on 26 the land, if the contract is made on or after 1 July 2000 27 but before 11 October 2012; 28 (c) the building of a home, other than a new home, in the 29 State by an owner builder if the building work starts on 30 or after 1 July 2000 but before 11 October 2012. 31 Page 37

 


 

Fiscal Repair Amendment Bill 2012 Part 3 Amendment of First Home Owner Grant Act 2000 [s 16] `(3) For subsections (1)(a) and (2)(a), a contract is a contract for 1 the purchase of a new home or other home if the contract is a 2 contract for the acquisition of a relevant interest in land-- 3 (a) on which a new home or other home is built; or 4 (b) on which a new home or other home is to be built, 5 before completion of the contract, by or for the vendor 6 and at the expense of the vendor.'. 7 (2) Section 5(5)(a), `a home'-- 8 omit, insert-- 9 `a new home or other home'. 10 (3) Section 5(7), after `(1)(a)'-- 11 insert-- 12 `or (2)(a)'. 13 (4) Section 5(8), after `(1)(b)'-- 14 insert-- 15 `or (2)(b)'. 16 (5) Section 5(9), after `(1)(c)'-- 17 insert-- 18 `or (2)(c)'. 19 (6) Section 5(7), (8) and (9), `home'-- 20 omit, insert-- 21 `new home or other home'. 22 Clause 16 Amendment of s 20 (Amount of grant) 23 Section 20(2), definition new home eligible transaction-- 24 omit, insert-- 25 `new home eligible transaction means an eligible transaction 26 mentioned in section 5(1).'. 27 Page 38

 


 

Fiscal Repair Amendment Bill 2012 Part 3 Amendment of First Home Owner Grant Act 2000 [s 17] Clause 17 Amendment of s 22A (Repayment of grant after 1 completion of particular transactions) 2 (1) Section 22A(1)(b)(i), `home'-- 3 omit, insert-- 4 `a new home or other home,'. 5 (2) Section 22A(4)-- 6 omit, insert-- 7 `(4) In this section-- 8 relevant transaction means-- 9 (a) a contract mentioned in section 5(1)(b) or (2)(b) to have 10 a new home or other home built on land; or 11 (b) a transaction mentioned in section 5(1)(c) or (2)(c); or 12 (c) a contract mentioned in section 5(3)(b).'. 13 Clause 18 Insertion of new s 81 14 Part 11, as inserted by section 13 of this Act-- 15 insert-- 16 `81 Continuing operation of Act for particular eligible 17 transactions with commencement date earlier than 11 18 October 2012 19 `(1) This section applies in relation to an eligible transaction if the 20 commencement date for the transaction is on or after 12 21 September 2012 but before 11 October 2012. 22 `(2) This Act as in force on 12 September 2012 continues to apply 23 in relation to the eligible transaction as if this Act had not 24 been amended by the Fiscal Repair Amendment Act 2012, part 25 3, division 3.'. 26 Page 39

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 19] Part 4 Amendment of Gaming 1 Machine Act 1991 2 Division 1 Preliminary 3 Clause 19 Act amended 4 This part amends the Gaming Machine Act 1991. 5 Division 2 Amendments commencing on 6 assent 7 Clause 20 Amendment of pt 5, hdg (Licensing of repairers, service 8 contractors, gaming nominees, gaming employees and 9 key monitoring employees) 10 Part 5, heading, `, gaming employees'-- 11 omit. 12 Clause 21 Replacement of s 189 (Licensing requirements for 13 carrying out gaming duties on licensed premises) 14 Section 189-- 15 omit, insert-- 16 `189 Requirements for carrying out gaming duties on 17 licensed premises 18 `(1) A person must not carry out gaming duties on licensed 19 premises unless the person is-- 20 (a) a gaming employee; or 21 (b) an eligible licensee for the premises. 22 Maximum penalty--200 penalty units. 23 Note-- 24 See also section 189A(1). 25 Page 40

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 22] `(2) A licensee who is not an eligible licensee must ensure that, 1 when the licensee's licensed premises are open for the 2 conduct of gaming, at least 1 person employed by the licensee 3 for carrying out gaming duties for the premises who holds a 4 current responsible service of gambling course certificate is 5 present on the premises or is readily available for carrying out 6 the duties for the premises. 7 Maximum penalty--200 penalty units. 8 `(3) An eligible licensee must ensure that, when the licensee's 9 licensed premises are open for the conduct of gaming, the 10 licensee, or at least 1 person employed by the licensee for 11 carrying out gaming duties for the premises who holds a 12 current responsible service of gambling course certificate, is 13 present on the premises or is readily available for carrying out 14 gaming duties for the premises. 15 Maximum penalty--200 penalty units. 16 `(4) For subsection (2), a nominee of a licensee in the licensee's 17 employ is taken to be a person in the licensee's employ for 18 carrying out gaming duties for the premises for which the 19 person is the licensee's nominee. 20 `(5) In this section-- 21 eligible licensee, for licensed premises, means the licensee for 22 the premises if the licensee-- 23 (a) is an individual; and 24 (b) is ordinarily present on the premises when the premises 25 are open for the conduct of gaming.'. 26 Clause 22 Amendment of s 189A (Requirement to hold current 27 responsible service of gambling course certificate) 28 (1) Section 189A(3), `Without limiting section 189(2), a'-- 29 omit, insert-- 30 `A'. 31 (2) Section 189A(6), definition eligible licensee, `189(15)'-- 32 Page 41

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 23] omit, insert-- 1 `189(5)'. 2 (3) Section 189A(6), definition responsible service of gambling 3 course certificate-- 4 omit. 5 Clause 23 Amendment of s 191 (Certain persons must apply for 6 gaming employee's licence) 7 (1) Section 191, heading-- 8 omit, insert-- 9 `191 Certain persons must complete approved responsible 10 service of gambling course'. 11 (2) Section 191(1)-- 12 omit, insert-- 13 `(1) This section applies if the chief executive considers a person 14 connected with, or who is an employee of, a licensee-- 15 (a) has the power to exercise a significant influence over the 16 conduct of gaming by the licensee; or 17 (b) because of-- 18 (i) the person's remuneration or policymaking 19 position; or 20 (ii) any other criteria prescribed under a regulation; 21 exercises or is able to exercise authority of such a nature 22 or to such an extent in respect of the conduct of gaming 23 by the licensee as to make it desirable in the public 24 interest that that person hold a current responsible 25 service of gambling course certificate. 26 `(1A) The chief executive must, by written notice, require the person 27 to complete an approved responsible service of gambling 28 course, and obtain a current responsible service of gambling 29 course certificate, within 3 months after the person receives 30 the notice.'. 31 Page 42

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 24] (3) Section 191(3) and (4), `subsection (1)', first mention-- 1 omit, insert-- 2 `subsection (1A)'. 3 (4) Section 191(3) and (4), `7 days'-- 4 omit, insert-- 5 `3 months'. 6 (5) Section 191(5)-- 7 omit, insert-- 8 `(5) Despite any other Act or law or any industrial award or 9 agreement, the licensee must, immediately after a notice 10 under subsection (4) is served, ensure that the person does not 11 continue to be connected or employed as referred to in 12 subsection (1). 13 Maximum penalty--200 penalty units.'. 14 (6) Section 191(6)-- 15 omit. 16 (7) Section 191(7)-- 17 renumber as section 191(6). 18 Clause 24 Amendment of s 193 (Meaning of nominee) 19 (1) Section 193(2)(a)-- 20 omit, insert-- 21 `(a) the person is employed by the licensee and holds a 22 current responsible service of gambling course 23 certificate; and'. 24 (2) Section 193(3)(a)-- 25 omit, insert-- 26 `(a) is employed by the licensee and holds a current 27 responsible service of gambling course certificate; and'. 28 Page 43

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 25] Clause 25 Omission of ss 196 and 197 1 Sections 196 and 197-- 2 omit. 3 Clause 26 Amendment of s 198 (Applications for licences under this 4 part) 5 (1) Section 198(1), `, gaming employees''-- 6 omit. 7 (2) Section 198(2) and (4)(e), `, gaming employee's'-- 8 omit. 9 Clause 27 Amendment of s 201 (Decision on application) 10 Section 201(5)-- 11 omit. 12 Clause 28 Amendment of s 202 (Form of licence) 13 Section 202(2)(b), `, gaming employee's'-- 14 omit. 15 Clause 29 Amendment of s 207 (Renewal and continuance of 16 licences) 17 Section 207(2)(b), `, gaming employee's'-- 18 omit. 19 Clause 30 Amendment of s 209 (Display of certain licences, identity 20 cards and particulars) 21 (1) Section 209(3), `If a gaming employee'-- 22 omit, insert-- 23 `If a relevant gaming employee'. 24 Page 44

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 31] (2) Section 209(6), definition formal identification card, first 1 mention-- 2 omit. 3 (3) Section 209(6)-- 4 insert-- 5 `formal identification card, for a relevant gaming employee, 6 means an identity card given to the employee under section 7 194(1). 8 relevant gaming employee means a gaming employee who is 9 a nominee of a licensee.'. 10 Clause 31 Amendment of s 217 (Returns about employees and 11 agreements) 12 (1) Section 217(4)(a) and (b)-- 13 omit, insert-- 14 `(a) the name of each person employed by a licensee to carry 15 out gaming duties for licensed premises of the licensee 16 when the return is given; and'. 17 (2) Section 217(4)(c) to (e)-- 18 renumber as section 217(4)(b) to (d). 19 (3) Section 217(10)-- 20 omit, insert-- 21 `(10) A licensee must immediately end the employment of a person 22 employed by the licensee if the person is employed on the 23 basis the person is a licensed gaming nominee and the 24 licensee becomes aware the person is not a licensed gaming 25 nominee. 26 Maximum penalty--200 penalty units.'. 27 (4) Section 217(11)(b) and (c)-- 28 omit, insert-- 29 Page 45

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 32] `(b) the licensee designated the person as the licensee's 1 nominee for the premises on the basis the person holds a 2 current responsible service of gambling course 3 certificate and the licensee becomes aware the person 4 does not hold a current responsible service of gambling 5 course certificate.'. 6 Clause 32 Amendment of s 223 (Destruction of fingerprints) 7 Section 223(1)(a), `, licensed gaming employee'-- 8 omit. 9 Clause 33 Amendment of s 224 (Provisional licences) 10 Section 224(4)(a) and (7), `, gaming employee's licence'-- 11 omit. 12 Clause 34 Amendment of s 366 (Regulation-making power) 13 Section 366(2)(a), `, gaming employee's'-- 14 omit. 15 Clause 35 Insertion of new pt 12, div 16 16 Part 12-- 17 insert-- 18 `Division 16 Transitional provisions for Fiscal 19 Repair Amendment Act 2012 20 `460 Definitions for div 16 21 `In this division-- 22 commencement means the commencement of the provision in 23 which the term is used. 24 Page 46

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 35] gaming employee's licence means a gaming employee's 1 licence under this Act immediately before the 2 commencement. 3 licensed gaming employee means the holder of a gaming 4 employee's licence in force under this Act immediately before 5 the commencement. 6 `461 Application for gaming nominee's licence before 7 commencement 8 `(1) This section applies to an application for a gaming nominee's 9 licence made under repealed section 196, and not decided, 10 before the commencement. 11 `(2) The application must be decided under this Act as in force 12 immediately before the commencement. 13 `462 Continuation of gaming employee's licence expiring 14 before commencement 15 `(1) This section applies to a person who is the holder of a gaming 16 employee's licence that expired-- 17 (a) on or after 11 September 2012; and 18 (b) before the commencement. 19 `(2) The person is taken to be a licensed gaming employee from 20 the date the licence expired until the commencement. 21 `463 Protection from liability 22 `(1) This section applies if-- 23 (a) before the commencement-- 24 (i) an application for a gaming employee's licence is 25 made under repealed section 197 or section 198; or 26 (ii) an application for renewal of a gaming employee's 27 licence is made under section 207; and 28 Page 47

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 36] (b) the application is not decided by the chief executive 1 before commencement. 2 `(2) The State, a departmental officer or a commissioner does not 3 incur civil liability for acting or failing to act in relation to the 4 application. 5 `(3) If a civil proceeding relating to the application was started 6 before the commencement against the State, a departmental 7 officer or a commissioner, the proceeding is stayed and the 8 court dealing with the proceeding must dismiss it.'. 9 Clause 36 Amendment of sch 1 (Reviewable decisions) 10 Schedule 1, part 2, first column, `196, 197, 201(1)'-- 11 omit, insert-- 12 `201(1)'. 13 Clause 37 Amendment of sch 2 (Dictionary) 14 (1) Schedule 2, definitions gaming employee, interested person, 15 licensed gaming employee, licensed person-- 16 omit. 17 (2) Schedule 2-- 18 insert-- 19 `gaming employee means-- 20 (a) a person employed by a licensee to carry out gaming 21 duties; or 22 (b) a nominee of a licensee. 23 interested person, of a holder of a licence under part 5, 24 means-- 25 (a) if the holder is a licensed key monitoring employee or a 26 licensed service contractor--a licensed monitoring 27 operator; or 28 Page 48

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 38] (b) if the holder is a licensed repairer--a licensed 1 monitoring operator, a licensed service contractor or 2 another licensed repairer. 3 licensed person means-- 4 (a) a licensed repairer; or 5 (b) a licensed service contractor; or 6 (c) a licensed gaming nominee; or 7 (d) a licensed key monitoring employee. 8 responsible service of gambling course certificate means a 9 certificate in the approved form-- 10 (a) given to a person, for satisfactorily completing the 11 approved responsible service of gambling course, by a 12 person who holds an approval under part 10A as a 13 trainer for the course; and 14 (b) stating the certificate remains in force for 3 years after it 15 is given to the person.'. 16 Division 3 Amendments commencing 1 July 17 2013 18 Clause 38 Replacement of ss 15-28 19 Sections 15 to 28-- 20 omit, insert-- 21 `Division 1 Commissioner for Liquor and 22 Gaming 23 `15 Establishment of commissioner 24 `(1) There is to be a Commissioner for Liquor and Gaming (the 25 commissioner). 26 `(2) The chief executive must appoint a senior executive of the 27 department to be the commissioner. 28 Page 49

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 38] `(3) A person may hold appointment as the commissioner and hold 1 an office as a senior executive of the department under the 2 Public Service Act 2008. 3 `16 Functions of commissioner 4 `The commissioner has the functions given to the 5 commissioner-- 6 (a) under this or another Act; and 7 (b) by the Minister. 8 `17 Powers of commissioner 9 `(1) The commissioner has the powers given to the commissioner 10 under this or another Act. 11 `(2) The commissioner may do all things necessary or convenient 12 to be done in performing the commissioner's functions or 13 exercising the commissioner's powers. 14 `(3) The commissioner may on the commissioner's own initiative, 15 and must if asked by the Minister, provide the Minister with 16 advice on-- 17 (a) the operation of this Act or any other gaming Act that 18 assigns functions to the commissioner; or 19 (b) issues related to gambling (including the identification 20 of issues requiring further research) under this Act or 21 another Act that assigns functions to the commissioner. 22 `18 Commissioner may make guidelines 23 `(1) The commissioner may make guidelines. 24 `(2) Without limiting subsection (1), a guideline may give 25 guidance about-- 26 (a) the attitude the commissioner is likely to adopt on a 27 particular matter; or 28 (b) how the commissioner administers this Act. 29 Page 50

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 38] Examples for subsection (2)-- 1 1 The commissioner might make a guideline stating how the 2 commissioner decides applications for a decrease under section 86 3 for category 1 licensed premises. 4 2 The commissioner might make a guideline about dealing with 5 operating authorities under this Act. 6 `(3) A guideline may be replaced or varied by a later guideline 7 made under this section. 8 `(4) The commissioner must keep copies of a guideline made 9 under this section available for inspection by persons and 10 permit a person to obtain a copy of a guideline, or an extract 11 from a guideline, free of charge. 12 `(5) For subsection (4)-- 13 (a) copies of the guideline-- 14 (i) must be kept at the head office and any regional 15 office of the department; and 16 (ii) may be kept at any other place the commissioner 17 considers appropriate; and 18 (b) the copies kept under paragraph (a) must be available 19 for inspection during office hours on business days for 20 the office or place. 21 `19 Commissioner may make standards 22 `(1) The commissioner may make standards about matters of a 23 technical nature that-- 24 (a) relate to a licensee's gaming operations; and 25 (b) help the licensee conduct the gaming operations in 26 compliance with this Act. 27 `(2) A standard is a statutory instrument within the meaning of the 28 Statutory Instruments Act 1992. 29 Page 51

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 39] `20 Notice and availability of standard 1 `(1) The commissioner must, as soon as practicable after making a 2 standard under section 19(1), give each licensee written notice 3 of the making of the standard. 4 `(2) The notice must include the standard or a brief description of 5 the standard. 6 `(3) If a standard concerns all licensees or a class of licensees, the 7 notice may be included as a part of another publication of the 8 commissioner given to the licensees or members of the class 9 of licensees. 10 `(4) The notice may be given in electronic form. 11 `(5) The commissioner must keep a copy of each standard, as in 12 force from time to time, available for inspection free of charge 13 by members of the public at-- 14 (a) the department's head office; and 15 (b) other places the commissioner considers appropriate. 16 `(6) Also, the commissioner must publish each standard, as in 17 force from time to time, on the department's website. 18 Editor's note-- 19 The department's website is at . 20 `Division 2 Review and appeals'. 21 Clause 39 Replacement of s 29 (Who may apply for a review by 22 tribunal) 23 Section 29-- 24 omit, insert-- 25 `29 Who may apply for a review by tribunal 26 `(1) A person who is or was an applicant for, or a holder of, a 27 licence under this Act and is aggrieved by a decision or 28 determination of the commissioner stated in schedule 1, part 1 29 Page 52

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 40] may apply, as provided under the QCAT Act, to the tribunal 1 for a review of the decision or determination. 2 `(2) A person may apply, as provided under the QCAT Act, to the 3 tribunal for a review of a decision of a licensee stated in 4 schedule 1, part 2. 5 `(3) A person who may be adversely affected by an approval under 6 section 54(7) and to whom a notice has been given under 7 section 54(8) may apply, as provided under the QCAT Act, to 8 the tribunal for a review of the decision or determination. 9 `(4) A person who seeks the commissioner's approval for section 10 231 or 287 may apply, as provided under the QCAT Act, to 11 the tribunal for a review of a decision of the commissioner 12 refusing to give the approval. 13 `(5) A person who submits a gaming machine type or game to the 14 commissioner under section 281 for evaluation may apply, as 15 provided under the QCAT Act, to the tribunal for a review of a 16 decision of the commissioner rejecting the gaming machine 17 type or game. 18 `(6) The owner of an article, record or other thing seized by an 19 inspector may apply, as provided under the QCAT Act, to the 20 tribunal for a review of a decision of an inspector under 21 section 331 resulting in the thing being forfeited. 22 `(7) Each of the following persons may apply, as provided under 23 the QCAT Act, to the tribunal for a review of the decision 24 stated for the person-- 25 (a) a person whose application for an approval under part 26 10A is not granted under section 337D(1); 27 (b) a person whose application for renewal of an approval 28 under part 10A is not granted under section 337H(1); 29 (c) a person whose approval under part 10A is cancelled 30 under section 337N(3).'. 31 Clause 40 Amendment of s 30 (Effect of reconsidering a decision 32 after application to QCAT) 33 Section 30(1), `chief executive, commission'-- 34 Page 53

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 41] omit, insert-- 1 `commissioner'. 2 Clause 41 Amendment of s 31 (Tribunal to decide review on 3 evidence before the chief executive or commission) 4 Section 31, `chief executive or commission'-- 5 omit, insert-- 6 `commissioner'. 7 Clause 42 Amendment of s 32 (Tribunal may give leave for review to 8 be decided on new evidence in particular circumstances) 9 Section 32(1), `chief executive or commission'-- 10 omit, insert-- 11 `commissioner'. 12 Clause 43 Insertion of new pt 2, div 3, hdg 13 Part 2, after section 33-- 14 insert-- 15 `Division 3 Miscellaneous'. 16 Clause 44 Replacement of s 50 (Delegations) 17 Section 50-- 18 omit, insert-- 19 `50 Delegations 20 `(1) The Minister may delegate the Minister's designated powers 21 to-- 22 (a) the commissioner; or 23 (b) an appropriately qualified inspector or an appropriately 24 qualified public service employee. 25 Page 54

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 45] `(2) The Minister may delegate to the commissioner the Minister's 1 power under section 322(6) to cause amounts to be paid out of 2 the gambling community benefit fund for the benefit of the 3 community. 4 `(3) The commissioner may delegate the commissioner's 5 designated powers to-- 6 (a) an appropriately qualified public service employee; or 7 (b) an appropriately qualified inspector. 8 `(4) A delegation of a power under subsection (3) may permit the 9 subdelegation of the power to an appropriately qualified 10 public service employee. 11 `(5) In this section-- 12 appropriately qualified includes having the qualifications, 13 experience or standing appropriate to exercise the power. 14 Example of standing-- 15 a person's classification level in the public service 16 designated powers-- 17 (a) of the Minister, means-- 18 (i) the powers of the Minister under sections 135 and 19 211; or 20 (ii) the power of the Minister to give a direction for 21 section 151(3)(b); and 22 (b) of the commissioner, means the powers of the 23 commissioner under this Act, other than sections 97(12) 24 and (13), 98, 147 and 336.'. 25 Clause 45 Amendment of s 53 (Criminal history reports) 26 (1) Section 53(2)-- 27 omit, insert-- 28 `(2) If the commissioner asks the police commissioner for a 29 written report on the person's criminal history, the police 30 commissioner must give the report to the commissioner.'. 31 Page 55

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 46] (2) Section 53(3)(a), before `commissioner's'-- 1 insert-- 2 `police'. 3 (3) Section 53(3)(b) and (c), before `commissioner'-- 4 insert-- 5 `police'. 6 Clause 46 Amendment of s 53A (Commissioner of police service to 7 notify changes in criminal history) 8 (1) Section 53A, heading, `Commissioner of police service'-- 9 omit, insert-- 10 `Police commissioner'. 11 (2) Section 53A(1)(a), (2) and (4), `commissioner of the police 12 service'-- 13 omit, insert-- 14 `police commissioner'. 15 (3) Section 53A(1)(b), before `commissioner'-- 16 insert-- 17 `police'. 18 Clause 47 Amendment of s 54 (Confidentiality of information) 19 (1) Section 54(1), `a commissioner'-- 20 omit, insert-- 21 `the commissioner'. 22 (2) Section 54(1), `or commission'-- 23 omit. 24 Clause 48 Omission of ss 54A-54C 25 Sections 54A to 54C-- 26 Page 56

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 49] omit. 1 Clause 49 Amendment of s 55 (Gaming lawful and does not 2 constitute nuisance) 3 (1) Section 55(1)(a), from `the commission may' to `relevant,'-- 4 omit, insert-- 5 `the commissioner may, having regard to the information or 6 material the commissioner considers relevant,'. 7 (2) Section 55(2), `other information or material the 8 commission'-- 9 omit, insert-- 10 `information or material the commissioner'. 11 (3) Section 55(2)(b)-- 12 omit, insert-- 13 `(b) relevant guidelines made by the commissioner under 14 section 18.'. 15 Clause 50 Amendment of s 55B (Community impact statement and 16 statement of responsible gambling initiatives required for 17 application of significant community impact) 18 Section 55B(4), `issued by the commission'-- 19 omit, insert-- 20 `made by the commissioner under section 18'. 21 Clause 51 Amendment of s 55C (Advertisement of application of 22 significant community impact) 23 Section 55C(3), `and the liquor licensing authority'-- 24 omit. 25 Page 57

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 52] Clause 52 Amendment of s 55D (Community comments) 1 Section 55D(2), `the commission's guidelines'-- 2 omit, insert-- 3 `the commissioner's guidelines mentioned in section 55B(4)'. 4 Clause 53 Amendment of s 56 (Application for gaming machine 5 licences) 6 Section 56(6), `relevant chief executive'-- 7 omit, insert-- 8 `commissioner under the Liquor Act 1992'. 9 Clause 54 Amendment of s 56A (Application for gaming machine 10 licence for replacement category 1 licensed premises) 11 Section 56A(3), definition local community area, first 12 mention, from `issued by'-- 13 omit, insert-- 14 `made by the commissioner under section 18.'. 15 Clause 55 Amendment of s 56B (Application for gaming machine 16 licence for replacement category 2 licensed premises) 17 Section 56B(4), definition local community area, from `issued 18 by'-- 19 omit, insert-- 20 `made by the commissioner under section 18.'. 21 Clause 56 Replacement of ss 57-58 22 Sections 57 and 58-- 23 omit, insert-- 24 Page 58

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 56] `57 Consideration of application for gaming machine licence 1 `(1) The commissioner must consider an application for a gaming 2 machine licence received by the commissioner before 3 granting, or refusing to grant, a gaming machine licence. 4 `(2) In considering the application, the commissioner-- 5 (a) must conduct investigations the commissioner considers 6 are necessary and reasonable to help the commissioner 7 consider the application; and 8 (b) may, by written notice given to the applicant or an 9 associate of the applicant, require the applicant or 10 associate, within a reasonable time stated in the notice, 11 to give the commissioner further information or a 12 document that is necessary and reasonable to help the 13 commissioner consider the application. 14 `(3) Also, in considering the application, the commissioner must 15 assess-- 16 (a) the suitability of the premises to which the application 17 relates (the subject premises) for the installation and use 18 of gaming machines, having regard to the size and 19 layout of, and facilities on, the premises; and 20 (b) if the applicant is an individual--the financial stability, 21 general reputation and character of the applicant; and 22 (c) if the applicant is a body corporate-- 23 (i) the financial stability and business reputation of 24 the body corporate; and 25 (ii) the general reputation and character of the 26 secretary and each executive officer of the body 27 corporate; and 28 (d) the suitability of the applicant to be a licensee; and 29 (e) if a person is stated in an affidavit under section 92 as 30 being a person who satisfies a description mentioned in 31 section 92(4)(a) or (b)--the suitability of the person to 32 be an associate of the applicant; and 33 Page 59

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 56] (f) if the commissioner considers it appropriate--the 1 suitability of any other associate of the applicant to be 2 an associate of the applicant; and 3 (g) for an application mentioned in section 56A--whether 4 the commissioner is satisfied there are exceptional 5 circumstances for transferring the operating authorities 6 mentioned in section 56A(1)(b)(iii) to the premises to 7 which the application relates; and 8 (h) for an application mentioned in section 9 56B(1)--whether the commissioner is satisfied there are 10 exceptional circumstances for transferring the 11 entitlements mentioned in section 56B(1)(b)(iii) to the 12 premises to which the application relates; and 13 (i) for an application mentioned in section 14 56B(2)--whether the commissioner is satisfied there are 15 exceptional circumstances for transferring the 16 entitlements mentioned in section 56B(2)(b)(iv) to the 17 new premises mentioned in that subparagraph. 18 `(4) For an application by an individual, the commissioner may, 19 with the applicant's agreement, cause the applicant's 20 fingerprints to be taken. 21 `(5) Despite subsection (1), if the applicant is an individual, the 22 commissioner is required to consider the application only if 23 the applicant, if asked, agrees to having the applicant's 24 fingerprints taken. 25 `(6) If the commissioner considers a proposed location for the 26 installation of gaming machines (as shown on the plan of the 27 subject premises accompanying the application, or that plan 28 as amended and resubmitted, or as last amended and 29 resubmitted, under this subsection) is unsuitable, the 30 commissioner must-- 31 (a) by written notice, advise the applicant accordingly; and 32 (b) return the plan to the applicant; and 33 (c) ask the applicant to amend, or further amend, and 34 resubmit the plan within the time stated in the notice. 35 Page 60

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 56] `58 Decision on application for gaming machine licence 1 `(1) The commissioner may decide to grant, or refuse to grant, a 2 gaming machine licence. 3 `(2) In making the decision, the commissioner must have regard 4 to-- 5 (a) any supporting material for the application; and 6 (b) any relevant community comments on the application; 7 and 8 (c) any representations made on the application in response 9 to an invitation under section 55F; and 10 (d) the matters the commissioner had regard to in 11 considering the application under section 57. 12 `(3) For an application mentioned in section 56A, the 13 commissioner must not allow the transfer of a number of 14 operating authorities that is more than the number of gaming 15 machines the commissioner considers appropriate for the 16 premises to which the application relates. 17 `(4) The commissioner may refuse to grant a gaming machine 18 licence if the applicant, or an associate of the applicant, 19 without a reasonable excuse, fails to comply with a 20 requirement of the commissioner under section 57(2)(b). 21 `(5) The commissioner must refuse to grant a gaming machine 22 licence if-- 23 (a) for an application by an individual-- 24 (i) the applicant is not 18 years; or 25 (ii) the applicant's fingerprints have not been taken 26 under section 57(4) because of the applicant's 27 failure to agree to the action being taken; or 28 (b) for an application by a body corporate--the secretary or 29 an executive officer of the body corporate is not 18 30 years; or 31 Page 61

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 56] (c) the commissioner considers the installation and use of 1 gaming machines on the subject premises is likely to 2 affect adversely-- 3 (i) the nature or character of the premises; or 4 (ii) the general use of the premises or the enjoyment of 5 persons using the premises; or 6 (iii) the public interest; or 7 (d) the applicant fails to comply with a request of the 8 commissioner under section 57(6)(c) without a 9 reasonable excuse. 10 `(6) For an application by a club, the commissioner must refuse to 11 grant a gaming machine licence if the commissioner 12 considers-- 13 (a) that the club, including a voluntary association of 14 persons from which it was formed-- 15 (i) has not been operating for at least 2 years before 16 the application was made; or 17 (ii) has not, during the entire period, been pursuing its 18 objects or purposes in good faith; or 19 (b) that payments for the rental or lease of the club's 20 licensed premises are unreasonable; or 21 (c) if a lease, agreement or arrangement made by the club 22 provides that a person or voluntary association of 23 persons is entitled to receive, or may receive, a payment, 24 benefit or advantage during, or at the end of, the lease, 25 agreement or arrangement--that the provision is 26 unreasonable; or 27 (d) if the election of all or any of the members of the club's 28 management committee or board is or may be decided, 29 or controlled or influenced in a significant way or to a 30 significant degree, by persons who are not voting 31 members of the club or by only some voting members of 32 the club--that this is not in the best interests of the club 33 or its members; or 34 Page 62

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 56] (e) if the voting members of the club, taken as a group, do 1 not, for any reason, have complete and sole control over 2 the election of all members of the club's management 3 committee or board--that this is not in the best interests 4 of the club or its members; or 5 (f) if the voting members of the club do not have an equal 6 right to elect persons, and to nominate or otherwise 7 choose persons for election, to the club's management 8 committee or board--that this is not in the best interests 9 of the club or its members; or 10 (g) if the club does not own its licensed premises and an 11 executive officer or employee of the club is also the 12 club's lessor, or an associate of the club's lessor--that 13 this is not in the best interests of the club or its 14 members; or 15 (h) if an executive officer or employee of the club is a 16 creditor, or an associate of a creditor, of the club--that 17 this is not in the best interests of the club or its 18 members; or 19 (i) if the club's management committee or board does not, 20 for any reason, have complete and sole control over the 21 club's business or operations, or a significant aspect of 22 the club's business or operations--that this is not in the 23 best interests of the club or its members; or 24 (j) that the club is being, or may be, used as a device for 25 individual gain or commercial gain by a person other 26 than the club; or 27 (k) that the grant of the licence would not be in the public 28 interest. 29 `(7) Despite subsection (6)(a), the commissioner may grant a 30 gaming machine licence to a club if the commissioner 31 considers the grant-- 32 (a) is reasonable because of the club's contractual 33 commitments made in pursuing its objects or purposes; 34 and 35 Page 63

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 56] (b) is necessary to meet the reasonable gaming 1 requirements of the club's members; and 2 (c) is in the public interest. 3 `(8) For subsection (6)(j), a club is not taken to be used as a device 4 for individual or commercial gain merely because it enters 5 into an agreement or arrangement with a person for the supply 6 of goods or services by the person to the club, if the 7 agreement or arrangement-- 8 (a) is entered into on reasonable terms; and 9 (b) is in the best interests of the club and its members. 10 `(9) If the commissioner grants a gaming machine licence, the 11 gaming machine areas for the premises to which the licence 12 relates are the locations on the premises shown on-- 13 (a) the plan of the premises that accompanied the 14 application for the licence; or 15 (b) the plan mentioned in paragraph (a), as amended and 16 resubmitted, or as last amended and resubmitted, under 17 section 57(6). 18 `(10) If, for an application by an individual, the commissioner 19 refuses to grant a gaming machine licence, the commissioner 20 must have any fingerprints of the applicant taken for the 21 application destroyed as soon as practicable. 22 `(11) If the commissioner grants a gaming machine licence, the 23 commissioner must immediately give written notice of the 24 decision to the applicant. 25 `(12) If the commissioner decides to impose, under section 26 73(1)(b), a condition on the licence, the commissioner must 27 immediately give the applicant an information notice for the 28 decision. 29 `(13) If the commissioner refuses to grant a gaming machine 30 licence, the commissioner must immediately give the 31 applicant an information notice for the decision. 32 `(14) In this section-- 33 Page 64

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 57] election, of a member of a club's management committee or 1 board, includes a matter relating to the election of a member, 2 including, for example, the nomination of a person for 3 election as a member.'. 4 Clause 57 Amendment of s 60 (Basis on which number of gaming 5 machines to be installed in premises and hours of 6 gaming are to be decided) 7 (1) Section 60(1)-- 8 omit, insert-- 9 `(1) This section deals with the basis on which the commissioner 10 is to decide the number of gaming machines to be installed in, 11 or the hours of gaming for, premises. 12 Note-- 13 See section 59.'. 14 (2) Section 60(2) and (3), `chief executive and the commission'-- 15 omit, insert-- 16 `commissioner'. 17 (3) Section 60(2)(d)-- 18 omit, insert-- 19 `(d) any representations made on the application in response 20 to an invitation under section 55F; and'. 21 (4) Section 60(3)(e), `chief executive or the commission'-- 22 omit, insert-- 23 `commissioner'. 24 (5) Section 60(4) and (5), `recommended or'-- 25 omit. 26 Clause 58 Replacement of ss 62-63 27 Sections 62 and 63-- 28 omit, insert-- 29 Page 65

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 58] `62 Consideration of additional premises application 1 `(1) The commissioner must consider an additional premises 2 application received by the commissioner before approving, 3 or refusing to approve, the additional premises as premises to 4 which the applicant's gaming machine licence relates. 5 `(2) In considering the application, the commissioner-- 6 (a) must conduct investigations the commissioner considers 7 are necessary and reasonable to help the commissioner 8 consider the application; and 9 (b) may, by written notice given to the applicant or an 10 associate of the applicant, require the applicant or 11 associate, within a reasonable time stated in the notice, 12 to give the commissioner further information or a 13 document that is necessary and reasonable to help the 14 commissioner consider the application. 15 `(3) Also, in considering the application, the commissioner must 16 assess-- 17 (a) the suitability of the additional premises for the 18 installation and use of gaming machines, having regard 19 to the size and layout of, and facilities on, the premises; 20 and 21 (b) the financial stability and business reputation of the 22 applicant; and 23 (c) the general reputation and character of the secretary and 24 each executive officer of the applicant; and 25 (d) if a person is stated in an affidavit under section 92 as 26 being a person who satisfies a description mentioned in 27 section 92(4)(a) or (b)--the suitability of the person to 28 be an associate of the applicant; and 29 (e) if the commissioner considers it appropriate--the 30 suitability of any other associate of the applicant to be 31 an associate of the applicant. 32 `(4) If the commissioner considers a proposed location for the 33 installation of gaming machines (as shown on the plan of the 34 additional premises accompanying the application, or that 35 Page 66

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 58] plan as amended and resubmitted, or as last amended and 1 resubmitted, under this subsection) is unsuitable, the 2 commissioner must-- 3 (a) by written notice, advise the applicant accordingly; and 4 (b) return the plan to the applicant; and 5 (c) ask the applicant to amend, or further amend, and 6 resubmit, the plan within the time stated in the notice. 7 `63 Decision on additional premises application 8 `(1) The commissioner may, in relation to an additional premises 9 application, approve, or refuse to approve, the additional 10 premises as premises to which the applicant's gaming 11 machine licence relates. 12 `(2) In making the decision, the commissioner-- 13 (a) must have regard to-- 14 (i) any supporting material for the application; and 15 (ii) any relevant community comments on the 16 application; and 17 (iii) the matters the commissioner had regard to in 18 considering the application under section 62; and 19 (b) may have regard to-- 20 (i) the benefits to be offered to members of the 21 applicant at the additional premises and, in 22 particular, whether the benefits are distinct in 23 nature to the benefits offered to the members at the 24 applicant's existing licensed premises (the existing 25 premises); and 26 (ii) any other matters the commissioner considers 27 relevant. 28 `(3) The commissioner may approve the additional premises only 29 if-- 30 (a) the additional premises are near the existing premises; 31 and 32 Page 67

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 59] (b) the commissioner is satisfied that-- 1 (i) it is in the best interests of the applicant's members 2 that the approval be given; and 3 (ii) the giving of the approval is not contrary to the 4 public interest. 5 `(4) The commissioner may refuse to approve the additional 6 premises if the applicant, or an associate of the applicant, 7 without a reasonable excuse, fails to comply with a 8 requirement of the commissioner under section 62(2)(b). 9 `(5) The commissioner must refuse to approve the additional 10 premises if-- 11 (a) the commissioner considers the installation and use of 12 gaming machines on the additional premises is likely to 13 affect adversely-- 14 (i) the nature or character of the premises; or 15 (ii) the general use of the premises or the enjoyment of 16 persons using the premises; or 17 (iii) the public interest; or 18 (b) the applicant fails to comply with a request of the 19 commissioner under section 62(4)(c) without a 20 reasonable excuse. 21 `(6) If the commissioner approves the additional premises, the 22 commissioner must immediately give written notice of the 23 decision to the applicant. 24 `(7) If the commissioner refuses to approve the additional 25 premises, the commissioner must immediately give the 26 applicant an information notice for the decision.'. 27 Clause 59 Amendment of s 68 (Issue of gaming machine licences 28 generally) 29 Section 68(1)-- 30 omit, insert-- 31 Page 68

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 60] `(1) If the commissioner grants a gaming machine licence, the 1 commissioner must issue the licence.'. 2 Clause 60 Amendment of s 71A (Replacement of gaming machine 3 licence for particular changes) 4 Section 71A(3), `85C(5) or (6)'-- 5 omit, insert-- 6 `85C(4) or (5)'. 7 Clause 61 Amendment of s 78 (Certain applications under Liquor 8 Act 1992 subject to chief executive's certificate) 9 (1) Section 78(1), `liquor licensing authority may transfer the 10 licence'-- 11 omit, insert-- 12 `commissioner may transfer the licence under the Liquor Act 13 1992'. 14 (2) Section 78(3) and (4)-- 15 omit, insert-- 16 `(3) Subsection (4) applies if-- 17 (a) a person-- 18 (i) makes a liquor licence transfer application relating 19 to a community club licence, commercial hotel 20 licence or prescribed liquor licence; and 21 (ii) applies at the same time for a gaming machine 22 licence for the premises to which the application 23 mentioned in paragraph (a) relates; and 24 (b) the commissioner is prepared to transfer the liquor 25 licence under the Liquor Act 1992; and 26 (c) the commissioner is prepared to grant the gaming 27 machine licence. 28 Page 69

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 62] `(3A) The commissioner must transfer the liquor licence under the 1 Liquor Act 1992 and issue the gaming machine licence at the 2 same time. 3 `(4) Subsections (6) and (7) apply if-- 4 (a) under subsection (4), a gaming machine licence (a new 5 licence) is to be issued at the same time as the transfer 6 of a liquor licence; and 7 (b) an associated gaming licence for the liquor licence is 8 cancelled under section 96(1) because of the transfer of 9 the liquor licence.'. 10 (3) Section 78(6)(a) and (7), `subsection (5)'-- 11 omit, insert-- 12 `subsection (6)'. 13 (4) Section 78(3A) to (7)-- 14 renumber as section 78(4) to (8). 15 Clause 62 Amendment of s 78A (Liquor licence transfer application, 16 and additional premises application, for premises) 17 (1) Section 78A(2), `liquor licensing authority may transfer the 18 licence mentioned in subsection (1)'-- 19 omit, insert-- 20 `commissioner may transfer the licence under the Liquor Act 21 1992'. 22 (2) Section 78A(4)(b)-- 23 omit, insert-- 24 `(b) the commissioner is prepared to transfer the liquor 25 licence under the Liquor Act 1992; and'. 26 (3) Section 78A(5)-- 27 omit, insert-- 28 Page 70

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 63] `(5) The commissioner must transfer the liquor licence under the 1 Liquor Act 1992 and approve the premises under section 63 at 2 the same time.'. 3 (4) Section 78A(6)(a)-- 4 omit, insert-- 5 `(a) under subsection (5), an approval of the premises under 6 section 63 is to be made at the same time as the transfer 7 of a liquor licence; and'. 8 Clause 63 Amendment of s 79 (Other applications under Liquor Act 9 1992) 10 Section 79(1)(b)-- 11 omit, insert-- 12 `(b) the commissioner approves the application under the 13 Liquor Act 1992; and'. 14 Clause 64 Replacement of ss 82-84 15 Sections 82 to 84-- 16 omit, insert-- 17 `82 Consideration of increase application (gaming machines) 18 `(1) The commissioner must consider an increase application 19 (gaming machines) received by the commissioner before 20 approving, or refusing to approve, the application. 21 `(2) In considering the increase application, the commissioner 22 may, by written notice given to the applicant, require the 23 applicant, within a reasonable time stated in the notice, to give 24 the commissioner further information or a document that is 25 necessary and reasonable to help the commissioner consider 26 the application. 27 `(3) Also, in considering the increase application, the 28 commissioner-- 29 (a) must have regard to-- 30 Page 71

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 64] (i) the increased number of gaming machines sought 1 in the application; and 2 (ii) any supporting material for the application; and 3 (iii) any relevant community comments on the 4 application; and 5 (b) may have regard to-- 6 (i) the liquor consumption on the premises to which 7 the application relates; and 8 (ii) the monthly taxable metered win of gaming 9 machines currently operated on the premises; and 10 (iii) the hours and days when the premises are open for 11 the sale of liquor; and 12 (iv) the size and layout of, and facilities on, the 13 premises, together with any proposed changes to, 14 or relocation of, the gaming machine areas of the 15 premises; and 16 (v) the nature or character of the premises; and 17 (vi) the general use of the premises or the enjoyment of 18 persons using the premises; and 19 (vii) the public interest; and 20 (viii) any other matters the commissioner considers 21 relevant. 22 `83 Decision on increase application (gaming machines) 23 `(1) The commissioner may, in relation to an increase application 24 (gaming machines)-- 25 (a) approve, by a stated number, an increase in the approved 26 number of gaming machines for the licensed premises 27 of the licensee; or 28 (b) refuse to approve an increase in the approved number. 29 Page 72

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 65] `(2) In making the decision, the commissioner must have regard to 1 the matters the commissioner had regard to in considering the 2 increase application under section 82. 3 `(3) The commissioner must refuse to approve an increase if-- 4 (a) the application relates to category 2 licensed premises; 5 and 6 (b) any of the endorsed number of entitlements for the 7 licensed premises are, at the time the application is 8 made, transferred under part 3B, division 3 for use on a 9 temporary basis at other category 2 licensed premises. 10 `(4) The commissioner may refuse to approve an increase if the 11 applicant, without a reasonable excuse, fails to comply with a 12 requirement of the commissioner under section 82(2). 13 `(5) If the commissioner approves an increase that is equal to the 14 increase sought in the application, the commissioner must 15 immediately give written notice of the decision to the 16 licensee. 17 `(6) If the commissioner refuses to approve an increase, or 18 approves an increase that is less than the increase sought in 19 the application, the commissioner must immediately give the 20 licensee an information notice for the decision. 21 `(7) If the approved number of gaming machines for licensed 22 premises has been fixed (or increased or decreased) within the 23 last 12 months, the commissioner may only approve an 24 increase in the approved number of gaming machines if there 25 are exceptional reasons for the increase.'. 26 Clause 65 Replacement of ss 85B-85D 27 Sections 85B to 85D-- 28 omit, insert-- 29 `85B Consideration of increase application (hours of gaming) 30 `(1) The commissioner must consider an increase application 31 (hours of gaming) received by the commissioner before 32 approving, or refusing to approve, the application. 33 Page 73

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 65] `(2) In considering the increase application, the commissioner 1 may, by written notice given to the applicant, require the 2 applicant, within a reasonable time stated in the notice, to give 3 the commissioner further information or a document that is 4 necessary and reasonable to help the commissioner consider 5 the application. 6 `(3) Also, in considering the increase application, the 7 commissioner-- 8 (a) must have regard to-- 9 (i) the increase in approved hours of gaming sought in 10 the application; and 11 (ii) any supporting material for the application; and 12 (iii) any relevant community comments on the 13 application; and 14 (b) may have regard to-- 15 (i) the hours and days when the licensed premises are 16 open for the sale of liquor; and 17 (ii) any other matters the commissioner considers 18 relevant. 19 `85C Decision on increase application (hours of gaming) 20 `(1) The commissioner may, in relation to an increase application 21 (hours of gaming)-- 22 (a) approve the hours of gaming sought by the applicant; or 23 (b) approve an increase that differs from the increase sought 24 by the applicant; or 25 (c) refuse to approve an increase to the hours of gaming for 26 the licensed premises. 27 `(2) In making the decision, the commissioner must have regard to 28 the matters the commissioner had regard to in considering the 29 increase application under section 85B. 30 Page 74

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 66] `(3) The commissioner may refuse to approve an increase if the 1 applicant, without a reasonable excuse, fails to comply with a 2 requirement of the commissioner under section 85B(2). 3 `(4) If the commissioner approves an increase as sought by the 4 licensee, the commissioner must immediately give written 5 notice of the decision to the licensee. 6 `(5) If the commissioner refuses to approve an increase, or 7 approves an increase that differs from the increase sought in 8 the application, the commissioner must immediately give the 9 licensee an information notice for the decision.'. 10 Clause 66 Replacement of ss 90B-90D 11 Sections 90B to 90D-- 12 omit, insert-- 13 `90B Consideration of decrease proposal (hours of gaming) 14 `(1) The commissioner must consider a decrease proposal (hours 15 of gaming) received by the commissioner before approving, 16 or refusing to approve, the proposal. 17 `(2) If the decrease proposal is a request or a report, the 18 commissioner must, in considering the decrease proposal-- 19 (a) by written notice given to the licensee affected by the 20 proposal, advise the licensee of the relevant details of 21 the proposal; and 22 (b) by the notice, invite the licensee to make a written 23 submission about the proposal within a reasonable time 24 stated in the notice; and 25 (c) consider any written submission of the licensee received 26 by the commissioner within the time stated in the notice. 27 `(3) Also, in considering the decrease proposal, the 28 commissioner-- 29 (a) must have regard to the decrease sought or 30 recommended in the proposal; and 31 (b) may have regard to the following matters-- 32 Page 75

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 66] (i) the public interest; 1 (ii) whether or not there are any other licensed 2 premises in close proximity to the licensed 3 premises to which the decrease proposal relates 4 (the subject premises); 5 (iii) the interests of persons using the subject premises; 6 (iv) if the licensee of the subject premises is a category 7 2 licensee-- 8 (A) the interest of the members of the licensee; 9 and 10 (B) whether or not the members have indicated 11 support for a decrease in the approved hours 12 of gaming for the premises. 13 `90C Decision on decrease proposal (hours of gaming) 14 `(1) The commissioner may, in relation to a decrease proposal 15 (hours of gaming)-- 16 (a) approve the proposal without modification; or 17 (b) modify the proposal and approve the proposal as 18 modified by the commissioner; or 19 (c) refuse to approve the proposal. 20 `(2) In making the decision, the commissioner must have regard 21 to-- 22 (a) any submission received under section 90B(2)(c); and 23 (b) the matters the commissioner had regard to in 24 considering the decrease proposal under section 90B. 25 `(3) If the decrease proposal is an application, the commissioner-- 26 (a) must not refuse to approve a decrease if the refusal is 27 likely to impose an unreasonable financial burden on the 28 licensee; and 29 (b) may not approve a decrease that is greater than the 30 decrease sought in the application. 31 Page 76

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 67] `(4) If the decrease proposal is a request or report, the 1 commissioner may not approve a decrease if the approval is 2 likely to impose an unreasonable financial burden on the 3 licensee. 4 `(5) The commissioner must immediately give written notice of a 5 decision of the commissioner under subsection (1) to the 6 licensee if-- 7 (a) the decision relates to an application and is a decision 8 approving the decrease as sought in the application; or 9 (b) the decision relates to a request or report and is a 10 decision refusing to approve a decrease. 11 `(6) The commissioner must immediately give the licensee an 12 information notice for a decision of the commissioner under 13 subsection (1) if-- 14 (a) the decision relates to an application and is a decision-- 15 (i) refusing to approve a decrease; or 16 (ii) approving a decrease that differs from the decrease 17 sought in the application; or 18 (b) the decision relates to a request or report and is a 19 decision approving a decrease.'. 20 Clause 67 Amendment of s 97 (Cancellation or suspension of 21 gaming machine licences and letters of censure) 22 (1) Section 97(1)(b)(v), `commissioner or chief executive'-- 23 omit, insert-- 24 `commissioner'. 25 (2) Section 97(1)(b)(vi), `commission, the chief executive'-- 26 omit, insert-- 27 `commissioner'. 28 (3) Section 97(1)(c), `chief executive--' 29 omit, insert-- 30 Page 77

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 67] `commissioner--'. 1 (4) Section 97(1)(c)(iv)-- 2 omit, insert-- 3 `(iv) becomes aware of any information or matter that, 4 had it been known when the application for the 5 licence was being considered, the commissioner is 6 of the opinion that the licence would have been 7 refused; or'. 8 (5) Section 97(2) to (4), (6) to (8), (10) to (12), (14), (19), (21) 9 and (24), definition excluded interested person, `chief 10 executive'-- 11 omit, insert-- 12 `commissioner'. 13 (6) Section 97(2)-- 14 insert-- 15 `Note-- 16 Under section 98 the commissioner may immediately suspend a 17 licensee's gaming machine licence.'. 18 (7) Section 97(12)(c)(ii)-- 19 omit, insert-- 20 `(ii) either-- 21 (A) cancel the gaming machine licence; or 22 (B) suspend the gaming machine licence for the 23 period the commissioner considers 24 appropriate.'. 25 (8) Section 97(13)-- 26 omit, insert-- 27 `(13) If a direction given by the commissioner under subsection 28 (12)(c)(i) is not complied with within the time specified in the 29 notice, the commissioner may-- 30 (a) cancel the gaming machine licence; or 31 Page 78

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 68] (b) suspend the gaming machine licence for the period the 1 commissioner considers appropriate.'. 2 (9) Section 97(15) to (18)-- 3 omit. 4 (10) Section 97(19), `commission'-- 5 omit, insert-- 6 `commissioner'. 7 (11) Section 97(20) and (21), `subsection (19)'-- 8 omit, insert-- 9 `subsection (15)'. 10 (12) Section 97(22)-- 11 omit, insert-- 12 `(22) If the commissioner suspends a gaming machine licence 13 under subsection (12)(c)(ii) or (13), the commissioner may-- 14 (a) cancel the suspension in respect of the unexpired period 15 of suspension; or 16 (b) reduce the period of suspension.'. 17 (13) Section 97(19) to (24)-- 18 renumber as section 97(15) to (20). 19 Clause 68 Amendment of s 98 (Immediate suspension of gaming 20 machine licence) 21 (1) Section 98(1), from `Where' to `chief executive,'-- 22 omit, insert-- 23 `If the commissioner'. 24 (2) Section 98(1), `commission'-- 25 omit, insert-- 26 `commissioner'. 27 (3) Section 98(2)-- 28 Page 79

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 69] omit, insert-- 1 `(2) If the commissioner suspends a gaming machine licence 2 under subsection (1), the commissioner must immediately 3 give the licensee an information notice for the decision to 4 suspend the licence.'. 5 (4) Section 97(4) and (5)-- 6 omit, insert-- 7 `(4) The suspension of a gaming machine licence under this 8 section continues to have effect until the notice to show cause 9 issued to the licensee under section 97(2) is finally dealt 10 with.'. 11 Clause 69 Amendment of s 100 (Effect of suspension of licence) 12 (1) Section 100, `97(16) or (17)'-- 13 omit, insert-- 14 `97(12) or (13)'. 15 (2) Section 100(b)-- 16 omit, insert-- 17 `(b) the exercise of the powers or authorities of the 18 commissioner or an inspector.'. 19 Clause 70 Amendment of s 101 (Notices to interested persons) 20 (1) Section 101(1) and (4), `chief executive'-- 21 omit, insert-- 22 `commissioner'. 23 (2) Section 101(1)(d)-- 24 renumber as section 101(1)(f). 25 (3) Section 101(1)-- 26 insert-- 27 Page 80

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 71] `(d) cancels or suspends a gaming machine licence under 1 section 97(12)(c) or (13); or 2 (e) suspends a gaming machine licence under section 98(1); 3 or'. 4 (4) Section 101(2) and (3)-- 5 omit. 6 (5) Section 101(4) and (5), `, (2) or (3)'-- 7 omit. 8 (6) Section 101(6), `subsections (4) and (5)'-- 9 omit, insert-- 10 `subsections (2) and (3)'. 11 (7) Section 101(7), definition show cause result notice-- 12 omit, insert-- 13 `show cause result notice means-- 14 (a) a written notice given by the commissioner advising 15 of-- 16 (i) the arising of a requirement mentioned in 17 subsection (1)(a); or 18 (ii) the taking of action mentioned in subsection (1)(d), 19 (e) or (f); or 20 (b) a letter of censure mentioned in subsection (1)(b); or 21 (c) the notice by which a direction mentioned in subsection 22 (1)(c) is given.'. 23 (8) Section 101(4) to (7)-- 24 renumber as section 101(2) to (5). 25 Clause 71 Amendment of s 106 (Appointment of administrator 26 instead of suspension 27 Section 106, `section 97(16) or (17)'-- 28 omit, insert-- 29 Page 81

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 72] `section 97(12) or (13)'. 1 Clause 72 Amendment of s 109F (When operating authorities 2 become operating authorities of the State) 3 Section 109F(1)(e), `section 97(16)(d) or (17)(a)'-- 4 omit, insert-- 5 `section 97(12)(c)(ii)(A) or (13)(a)'. 6 Clause 73 Amendment of s 109M (Application for approval) 7 (1) Section 109M(4)-- 8 omit. 9 (2) Section 109M(5) to (8)-- 10 renumber as section 109M(4) to (7). 11 Clause 74 Amendment of s 109N (Requirement about consideration 12 for the transfer) 13 Section 109N(1), `section 109M(5)'-- 14 omit, insert-- 15 `section 109M(4)'. 16 Clause 75 Amendment of s 109O (Requirements about transferor 17 licensed premises) 18 Section 109O(1), `section 109M(5)'-- 19 omit, insert-- 20 `section 109M(4)'. 21 Clause 76 Amendment of s 109P (Requirements about transferee 22 licensed premises) 23 Section 109P(1), `section 109M(5)'-- 24 omit, insert-- 25 Page 82

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 77] `section 109M(4)'. 1 Clause 77 Amendment of s 109Q (Variation of terms of transfer) 2 (1) Section 109Q(4)-- 3 omit. 4 (2) Section 109Q(5) to (8)-- 5 renumber as section 109Q(4) to (7). 6 Clause 78 Amendment of s 109T (Application for approval) 7 (1) Section 109T(5)-- 8 omit. 9 (2) Section 109T(6) to (9)-- 10 renumber as section 109T(5) to (8). 11 Clause 79 Amendment of s 109U (Requirements about transfer 12 period and consideration for the transfer) 13 Section 109U(1), `section 109T(6)'-- 14 omit, insert-- 15 `section 109T(5)'. 16 Clause 80 Amendment of s 109V (Requirements about transferor 17 licensed premises) 18 Section 109V(1), `section 109T(6)'-- 19 omit, insert-- 20 `section 109T(5)'. 21 Clause 81 Amendment of s 109W (Requirements about transferee 22 licensed premises) 23 Section 109W(1), `section 109T(6)'-- 24 Page 83

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 82] omit, insert-- 1 `section 109T(5)'. 2 Clause 82 Amendment of s 109X (Variation of terms of transfer) 3 (1) Section 109X(4)-- 4 omit. 5 (2) Section 109X(5) to (8)-- 6 renumber as section 109X(4) to (7). 7 Clause 83 Amendment of s 109ZA (When entitlement becomes 8 entitlement of the State) 9 Section 109ZA(1)(e), `section 97(16)(d) or (17)(a)'-- 10 omit, insert-- 11 `section 97(12)(c)(ii)(A) or (13)(a)'. 12 Clause 84 Amendment of s 109ZH (Decrease in, or end of, 13 temporary transfer of entitlements) 14 Section 109ZH(3)(e), `section 97(16)(d) or (17)(a)'-- 15 omit, insert-- 16 `section 97(12)(c)(ii)(A) or (13)(a)'. 17 Clause 85 Amendment of s 116 (Further information to support 18 application) 19 Section 116(2), from `chief executive'-- 20 omit, insert-- 21 `commissioner considers reasonable for considering and 22 deciding the application.'. 23 Clause 86 Replacement of ss 121-122 24 Sections 121 and 122-- 25 Page 84

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 86] omit, insert-- 1 `122 Decision about application 2 `(1) The commissioner may grant or refuse to grant an application 3 for a supplier's licence. 4 `(2) Before making a decision, the commissioner may, by written 5 notice given to the applicant, or a disclosed associate of the 6 applicant, require the applicant or associate to give the 7 commissioner further information about the application 8 within the reasonable time stated in the notice. 9 `(3) A notice under subsection (2) must relate to information the 10 commissioner considers reasonable for making a decision 11 about the application. 12 `(4) In making a decision, the commissioner-- 13 (a) must have regard to-- 14 (i) the suitability of the applicant to hold a supplier's 15 licence of the kind applied for; and 16 (ii) for a person who is a disclosed associate of the 17 applicant--the suitability of the person to be 18 associated with the operations of a licensed 19 supplier holding a supplier's licence of the kind 20 applied for; and 21 (iii) the matters the commissioner had regard to in 22 considering the application under section 120; and 23 (b) may have regard to-- 24 (i) the suitability of a general associate of the 25 applicant to be associated with the operations of a 26 licensed supplier holding a supplier's licence of the 27 kind applied for; and 28 (ii) other matters the commissioner considers relevant. 29 `(5) The commissioner may grant an application only if the 30 commissioner is satisfied the grant is not contrary to the 31 public interest. 32 `(6) The commissioner may refuse to grant an application if-- 33 Page 85

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 87] (a) the commissioner has given a notice to the applicant, or 1 a disclosed associate of the applicant, requiring the 2 applicant or associate to give further information about 3 the application; and 4 (b) the applicant or associate has failed without reasonable 5 excuse, to give the information to the commissioner 6 within the time stated in the notice. 7 `(7) If the commissioner decides to grant the application, the 8 commissioner must promptly issue the appropriate supplier's 9 licence to the applicant on payment of the licence fee 10 prescribed under a regulation. 11 `(8) If the commissioner decides to refuse to grant the application, 12 the commissioner must promptly give the applicant an 13 information notice about the decision.'. 14 Clause 87 Amendment of s 139 (Grounds for suspension or 15 cancellation) 16 (1) Section 139(1)(ba), `commission or chief executive'-- 17 omit, insert-- 18 `commissioner'. 19 (2) Section 139(1)(bb), `commission, the chief executive'-- 20 omit, insert-- 21 `commissioner'. 22 Clause 88 Amendment of s 145 (Direction to rectify) 23 Section 145(3)(b), `section 146'-- 24 omit, insert-- 25 `section 147'. 26 Clause 89 Replacement of ss 146-147 27 Sections 146 and 147-- 28 Page 86

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 89] omit, insert-- 1 `147 Decision to suspend or cancel 2 `(1) This section applies if-- 3 (a) the circumstances mentioned in section 145(1) or (2) 4 exist and the commissioner has not directed the licensed 5 supplier to rectify a matter; or 6 (b) the licensed supplier fails to comply with a direction to 7 rectify a matter within the period stated in the relevant 8 notice. 9 `(2) The commissioner may-- 10 (a) decide not to take any action in relation to the licensed 11 supplier or licence; or 12 (b) by written notice given to the licensed supplier, censure 13 the licensed supplier for a matter relevant to the show 14 cause notice; or 15 (c) if the commissioner considers a matter relevant to the 16 show cause notice is reasonably capable of being 17 rectified--by written notice given to the licensed 18 supplier, direct the licensed supplier to rectify the matter 19 within the reasonable period stated in the 20 commissioner's notice; or 21 (d) suspend the licence for the period the commissioner 22 considers appropriate; or 23 (e) cancel the licence; or 24 (f) if the licensed supplier is a licensed monitoring 25 operator--appoint an administrator to conduct the 26 monitoring operations of the licensed supplier under its 27 monitoring operator's licence. 28 `(3) In making a decision under subsection (2), the 29 commissioner-- 30 (a) must have regard to the accepted representations; and 31 (b) may have regard to any other information or material the 32 commissioner considers relevant. 33 Page 87

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 90] `(4) If the commissioner directs the licensed supplier to rectify a 1 matter and the licensed supplier fails to comply with the 2 direction within the period stated in the relevant notice, the 3 commissioner may-- 4 (a) take the action mentioned in subsection (2)(d) or (e); or 5 (b) if the licensed supplier is a licensed monitoring 6 operator--take the action mentioned in subsection 7 (2)(f). 8 `(5) If the commissioner decides not to take any action about the 9 licensed supplier or supplier's licence, the commissioner must 10 immediately give the licensed supplier written notice of the 11 decision. 12 `(6) Subsections (2)(f) and (4)(b) apply despite the Corporations 13 Act.'. 14 Clause 90 Amendment of s 148 (Suspension, cancellation and 15 appointment of administrator) 16 Section 148(6)-- 17 omit. 18 Clause 91 Amendment of s 149 (Immediate suspension) 19 (1) Section 149(1), from `The commission may' to `believes'-- 20 omit, insert-- 21 `The commissioner may immediately suspend a supplier's 22 licence if the commissioner believes'. 23 (2) Section 149(2) and (3)-- 24 omit, insert-- 25 `(2) If the commissioner decides to immediately suspend a 26 supplier's licence, the commissioner-- 27 Page 88

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 92] (a) must promptly give the licensed supplier an information 1 notice; and 2 (b) must give the licensed supplier a show cause notice, as 3 required under section 140(1), about the act, omission or 4 other thing constituting the ground for suspending the 5 licence.'. 6 (3) Section 149(4), `chief executive'-- 7 omit, insert-- 8 `commissioner'. 9 (4) Section 149(4) and (5)-- 10 renumber as section 149(3) and (4). 11 Clause 92 Amendment of s 150 (Effect of suspension) 12 Section 150(b), `commission, the chief executive'-- 13 omit, insert-- 14 `commissioner'. 15 Clause 93 Amendment of s 325I (Report about criminal history) 16 (1) Section 325I, `commissioner of the police service'-- 17 omit, insert-- 18 `police commissioner'. 19 (2) Section 325I(3), before `commissioner's'-- 20 insert-- 21 `police'. 22 (3) Section 325I(3), before `commissioner has'-- 23 insert-- 24 `police'. 25 Page 89

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 94] Clause 94 Amendment of s 327 (Directions) 1 Section 327(1) and (2), `commission or the chief executive'-- 2 omit, insert-- 3 `commissioner'. 4 Clause 95 Amendment of s 335 (Minister may order inquiry) 5 (1) Section 335(1), `commission, a'-- 6 omit. 7 (2) Section 335(2), `commission,'-- 8 omit. 9 (3) Section 335(3), `a commissioner'-- 10 omit, insert-- 11 `the commissioner'. 12 Clause 96 Amendment of s 336 (Review and termination of 13 agreements) 14 (1) Section 336(1) to (4) and (7) to (8), `chief executive'-- 15 omit, insert-- 16 `commissioner'. 17 (2) Section 336(9), `chief executive'-- 18 omit, insert-- 19 `commissioner'. 20 (3) Section 336(9)(b)-- 21 omit, insert-- 22 `(b) answers given or submissions made in reply to or in 23 respect of the notice are not satisfactory or if no answers 24 are given and no submissions are made--the 25 commissioner may direct the termination of the 26 agreement.'. 27 Page 90

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 97] (4) Section 336(10) and (11)-- 1 omit. 2 (5) Section 336(12), from `The commission's' to `subsection 3 (11)(b)'-- 4 omit, insert-- 5 `The commissioner's direction under subsection (9)(b)'. 6 (6) Section 336(12) to (15)-- 7 renumber as section 336(10) to (13). 8 Clause 97 Amendment of s 344 (Approvals and authorities under 9 this Act) 10 Section 344(1), `, commission or chief executive'-- 11 omit, insert-- 12 `or the commissioner'. 13 Clause 98 Omission of s 345 (Signatories to approvals and written 14 requirements etc. of the commission) 15 Section 345-- 16 omit. 17 Clause 99 Amendment of s 346 (Bribery of gaming officials) 18 Section 346(3), definition gaming official, paragraph (a)-- 19 omit, insert-- 20 `(a) the commissioner; or'. 21 Clause 100 Amendment of s 354 (Protection of officers etc.) 22 (1) Section 354, `commission, a'-- 23 omit. 24 (2) Section 354, `commissioner of the police service'-- 25 Page 91

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 101] omit, insert-- 1 `police commissioner'. 2 Clause 101 Amendment of s 356 (Proceedings for offences) 3 Section 356(2)-- 4 omit, insert-- 5 `(2) A prosecution for an offence against this Act may be started 6 within the later of the following periods to end-- 7 (a) within 1 year from the time when the matter of 8 complaint arose; 9 (b) within 6 months after the matter of complaint comes to 10 the knowledge of the commissioner, but within 5 years 11 after the offence is committed.'. 12 Clause 102 Amendment of s 357 (Starting proceedings) 13 Section 357, from `the chief' to `executive to'-- 14 omit, insert-- 15 `the commissioner or another person authorised by the 16 commissioner to'. 17 Clause 103 Amendment of s 361 (Evidentiary provisions) 18 Section 361(a), `chairperson, a'-- 19 omit. 20 Clause 104 Amendment of s 366 (Regulation-making power) 21 (1) Section 366(2)(r)-- 22 omit. 23 (2) Section 366(2)(s)-- 24 renumber as section 366(2)(r). 25 Page 92

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 105] Clause 105 Amendment of s 460 (Definitions for div 16) 1 Section 460-- 2 insert-- 3 `commission means the Queensland Liquor and Gaming 4 Commission established under the former Act. 5 former, for a provision of this Act, means the provision as in 6 force before the commencement of the section in which the 7 term is used.'. 8 Clause 106 Insertion of new ss 464-476 9 Part 12, division 16-- 10 insert-- 11 `464 Dissolution of Queensland Liquor and Gaming 12 Commission 13 `(1) On the commencement-- 14 (a) the Queensland Liquor and Gaming Commission is 15 dissolved; and 16 (b) the commissioners of the Queensland Liquor and 17 Gaming Commission go out of office. 18 `(2) No compensation is payable to a commissioner because of 19 subsection (1). 20 `465 Guidelines of commission and chief executive continue 21 as guidelines of commissioner 22 `(1) This section applies to the following guidelines-- 23 (a) guidelines issued by the commission under former 24 section 17 and in force immediately before the 25 commencement; 26 (b) guidelines issued by the chief executive under former 27 section 54A and in force immediately before the 28 commencement. 29 Page 93

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 106] `(2) On the commencement, the guidelines are taken to be 1 guidelines made by the commissioner under section 18. 2 `466 Standards continue as standards of commissioner 3 `(1) This section applies to standards made by the chief executive 4 under former section 54B and in force immediately before the 5 commencement. 6 `(2) On the commencement, the standards are taken to be 7 standards made by the commissioner under section 19. 8 `467 Operators audit guidelines continue as guidelines of 9 commissioner 10 `(1) This section applies to operators audit guidelines prepared by 11 the chief executive under former section 176 and in force 12 immediately before the commencement. 13 `(2) On the commencement, the guidelines are taken to be 14 operators audit guidelines prepared by the commissioner 15 under section 176. 16 `468 Licensees audit guidelines continue as guideline of 17 commissioner 18 `(1) This section applies to licensees audit guidelines prepared by 19 the chief executive under former section 301 and in force 20 immediately before the commencement. 21 `(2) On the commencement, the guidelines are taken to be 22 licensees audit guidelines prepared by the commissioner 23 under section 301. 24 `469 Applications made to chief executive or commission 25 taken to be made to commissioner 26 `(1) This section applies if, before the commencement, a person 27 made an application under this Act to the chief executive or 28 commission and, immediately before the commencement, the 29 application had not been finally dealt with. 30 Page 94

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 106] `(2) The application is taken to have been made to the 1 commissioner and the commissioner may deal or continue to 2 deal with the application after the commencement. 3 `470 Orders etc. of chief executive or commission taken to 4 be orders etc. of commissioner 5 `(1) This section applies to an order, direction, notice, approval, 6 action, authorisation or decision of the chief executive or 7 commission under this Act that is current immediately before 8 the commencement. 9 `(2) After the commencement, the order, direction, notice, 10 approval, action, authorisation or decision is taken to be an 11 order, direction, notice, approval, action, authorisation or 12 decision of the commissioner and the commissioner may deal 13 or continue to deal with the matter the subject of the order, 14 direction, notice, approval, action, authorisation or decision. 15 Examples-- 16 1 A gaming machine licence current immediately before the 17 commencement is, after the commencement, taken to have been 18 granted by the commissioner and continues to be current. 19 2 A gaming machine licence granted before the commencement that, 20 immediately before the commencement, is suspended is, after the 21 commencement, taken to have been granted, and suspended, by the 22 commissioner. 23 3 The chief executive gave a show cause notice under former section 24 214B and at the commencement the show cause period had not 25 ended. After the commencement, the commissioner may continue 26 to act in relation to the show cause notice under part 5, division 6. 27 `(3) In this section-- 28 current includes in force. 29 `471 Appeal to tribunal about decisions of chief executive or 30 commission 31 `(1) This section applies if-- 32 (a) before the commencement, the chief executive or 33 commission had made a decision about a matter for 34 Page 95

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 106] which an information notice must be given to a person; 1 and 2 (b) immediately before the commencement, the person had 3 not appealed the decision. 4 `(2) The person may appeal the decision to the tribunal after the 5 commencement as if the decision about the matter had been 6 made by the commissioner. 7 `(3) Nothing in this section affects -- 8 (a) the requirement that the person start the appeal within 9 28 days after receiving an information notice for the 10 decision being appealed; or 11 (b) the tribunal's power to extend the time for starting an 12 appeal. 13 `472 Existing appeals about decisions of chief executive or 14 commission 15 `(1) This section applies to an appeal against a decision of the 16 chief executive or commission if, immediately before the 17 commencement, the appeal had not been finally dealt with. 18 `(2) The appeal is taken to be an appeal against a decision of the 19 commissioner and the court or tribunal may hear or continue 20 to hear and decide the appeal after the commencement as if 21 the decision had been made by the commissioner. 22 `473 Documents held by chief executive or commission 23 become documents of commissioner 24 `(1) This section applies to documents held by the chief executive 25 or commission before the commencement that-- 26 (a) relate to functions under this Act of the chief executive 27 or commission before the commencement; and 28 (b) on the commencement, relate to similar functions to be 29 performed by the commissioner under this Act. 30 Page 96

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 107] `(2) On the commencement, the documents become the 1 documents of the commissioner and may be used by the 2 commissioner in performing the commissioner's functions 3 under this Act. 4 `474 Approved forms continue as approved forms of 5 commissioner 6 `(1) This section applies to an approved form in force immediately 7 before the commencement. 8 `(2) The approved form continues in force after the 9 commencement as if it had been approved by the 10 commissioner until the earlier of the following-- 11 (a) the commissioner approves a new form for the matter 12 the subject of the form; 13 (b) 12 months after the commencement. 14 `475 References in Acts and documents 15 `A reference in an Act or document to the commission may, if 16 the context permits, be taken to be a reference to the 17 commissioner.'. 18 Clause 107 Replacement of sch 1 (Reviewable decisions) 19 Schedule 1-- 20 omit, insert-- 21 Page 97

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 107] `Schedule 1 Reviewable decisions 1 section 29 2 `Part 1 Decisions or determinations of 3 the commissioner affecting 4 applicant for, or holder of, a 5 licence 6 Section Description of decision 55 refusing to grant a gaming machine licence 59(2) fixing a number of gaming machines for premises that is-- (a) for premises mentioned in section 56(2)(c)--less than the number sought in the relevant application for the premises and less than the number approved for the premises at the time the application is made; or (b) for other premises--less than the number sought in the relevant application for the premises 59(2)(a)(ii) fixing hours of gaming for premises that differ from the hours of gaming sought in the relevant application for the premises 59(2)(a)(iii) fixing the number of operating authorities to be transferred to premises if that number is less than the number sought in the application relating to the premises 63 refusing to approve additional premises as premises to which a category 2 licensee's gaming machine licence relates Page 98

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 107] Section Description of decision 64(2) fixing a number of gaming machines for additional premises that is less than the number sought in the additional premises application 64(2)(b) fixing hours of gaming for additional premises that differ from the hours of gaming sought in the relevant additional premises application 73(1)(b) imposing conditions on a gaming machine licence 74(1) imposing conditions or further conditions, or varying conditions, on a gaming machine licence 76 refusing to renew a gaming machine licence 83(1)(a) approving an increase in the approved number of gaming machines for a licensee's licensed premises that is less than the increase sought in the relevant application 83(1)(b) refusing to approve an increase in the approved number of gaming machines for a licensee's licensed premises 85C(1)(b) approving an increase in the approved hours of gaming for a licensee's licensed premises that differs from an increase sought in the relevant application 85C(1)(c) refusing to approve an increase in approved hours of gaming for a licensee's licensed premises 87(1)(a) approving, for a decrease proposal that is an application, a decrease in the approved number of gaming machines for a licensee's licensed premises that is less than the decrease sought in the application Page 99

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 107] Section Description of decision 87(1)(a) approving, for a decrease proposal that is a request or report, a decrease in the approved number of gaming machines for a licensee's licensed premises 87(1)(b) refusing, for a decrease proposal that is an application, to approve a decrease in the approved number of gaming machines for a licensee's licensed premises 90C(1)(a) approving, for a decrease proposal that is a request or a report, a decrease in the approved hours of gaming for a licensee's licensed premises 90C(1)(b) approving, for a decrease proposal that is an application, a decrease in the approved hours of gaming for a licensee's licensed premises that is a modification of the proposal contained in the relevant application 90C(1)(c) refusing, for a decrease proposal that is an application, to approve a decrease in the approved hours of gaming for a licensee's licensed premises 97(12)(c) cancelling or suspending a gaming machine licence 97(13) cancelling or suspending a gaming machine licence for failing to comply with a direction from the commissioner 98(1) suspending a gaming machine licence 99 suspending a gaming machine licence 122 refusing to grant application for a supplier's licence 123 imposing a condition on a supplier's licence Page 100

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 107] Section Description of decision 127 changing a condition of a supplier's licence 131 refusing to renew a supplier's licence 132 refusing, on an application made on the ground mentioned in section 132(1)(a), to replace a supplier's licence 147(2)(d) suspending a supplier's licence 147(2)(e) cancelling a supplier's licence 149 immediately suspending a supplier's licence 201(1) refusing to grant an application for a licence under part 5 205 imposing a condition on a licence under part 5 206(1) changing a condition of a licence under part 5 207 refusing to renew a licence under part 5 214D immediately suspending a licence under part 5 214E suspending or cancelling a licence under part 5 214G censuring the holder of a licence under part 5 214H directing the holder of a licence under part 5 to rectify a matter Page 101

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 108] `Part 2 Decisions of a licensee 1 affecting persons 2 Section Description of decision 261C giving a person an exclusion direction 261F refusing to revoke an exclusion direction given to a person'. Clause 108 Amendment of sch 2 (Dictionary) 3 (1) Schedule 2, definitions approved form, chairperson, 4 commission, commissioner, liquor licensing authority, 5 relevant chief executive, supporting material, for an additional 6 premises application, supporting material for an application 7 for a gaming machine licence, supporting material, for an 8 application for a licence under part 5 and supporting material, 9 for an increase application-- 10 omit. 11 (2) Schedule 2-- 12 insert-- 13 `approved form means a form approved by the commissioner 14 under section 364. 15 commissioner see section 15(1). 16 police commissioner means the commissioner of the police 17 service. 18 supporting material means-- 19 (a) for an additional premises application--any information 20 or documents received by the commissioner in response 21 to a notice given under section 62(2)(b) about the 22 application; or 23 (b) for an application for a gaming machine licence--any 24 information or documents received by the commissioner 25 Page 102

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 109] in response to a notice given under section 57(2)(b) 1 about the application; or 2 (c) for an application for a licence under part 5--any 3 information or documents received by the commissioner 4 in response to a notice given under section 200(3)(a) 5 about the application; or 6 (d) for an increase application--any information or 7 documents received by the commissioner in response to 8 a notice given under section 82(2) about the 9 application.'. 10 (3) Schedule 2, definition approved authority, paragraph (a)-- 11 omit. 12 (4) Schedule 2, definition approved authority, paragraphs (b) and 13 (c)-- 14 renumber as paragraphs (a) and (b). 15 (5) Schedule 2, definition subsidiary operator, `relevant chief 16 executive'-- 17 omit, insert-- 18 `commissioner under the Liquor Act 1992'. 19 Clause 109 Amendment of various sections for reference to chief 20 executive 21 (1) Each of the following provisions is amended by omitting 22 `chief executive' or `chief executive's' and inserting 23 `commissioner' or `commissioner's'-- 24 section 4 25 section 32(2) and (3), definition new evidence 26 section 49 27 section 53A(1), (2) and (4) 28 section 54(6)(c), (7), (8) and (9) 29 section 55A(1)(d) and (2) 30 Page 103

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 109] section 55C(2), (3) and (4) 1 section 55D(1) and (4), definition member of the public 2 section 55E(1) 3 section 55F 4 section 55G 5 section 56(5)(n), (o) and (p) and (7)(b) 6 section 56A(1)(b)(i) 7 section 56B(1)(b)(i) and (2)(b)(i) 8 section 59(3), (4), (5) and (6) 9 section 61(3)(b), (4)(b) and (5)(d) and (g) 10 section 64(5) and (6) 11 section 65(2) and (3) 12 section 66(1) and (2) 13 section 67(3) and (6) 14 section 69(2) and (8) 15 section 70(1) 16 section 71(1), (2) and (3) 17 section 71A(2), (4) and (5) 18 section 74(2), (4) and (5) 19 section 75(1), (2) and (4) 20 section 76 21 section 78 22 section 78A(2) and (3) 23 section 79(1)(c) 24 section 80(1) and (2) 25 section 81(2)(b) 26 section 85A(3) 27 Page 104

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 109] section 86(3),(5) and (6) 1 section 87 2 section 88(1) 3 section 88A 4 section 89 5 section 90(1), (3) and (5) 6 section 90A(4) and (5) 7 section 91 8 section 91A(2) and (5) 9 section 91B 10 section 91C 11 section 92(1) and (2) 12 section 93 13 section 94 14 section 95 15 section 95A(2) and (3) 16 section 95B(2)(d) 17 section 99 18 section 104(3), (5) and (6) 19 section 105 20 section 109(2), (3) and (5) 21 section 109I(2) and (3) 22 section 109M 23 section 109O(2) and (5) 24 section 109Q 25 section 109R(2) and (3) 26 section 109T 27 Page 105

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 109] section 109X 1 section 109Y(2) and (3) 2 section 109ZG(2) and (3) 3 section 109ZH(2) and (4) 4 section 109ZJ 5 section 112 6 section 113 7 section 114 8 section 115(2)(a) 9 section 116(1) 10 section 117 11 section 118 12 section 119 13 section 120 14 section 123(2) 15 section 126(4) 16 section 127(2) 17 section 128 18 section 129 19 section 130(2) 20 section 131 21 section 132 22 section 134 23 section 136 24 section 137 25 section 138(3) 26 section 139(2)(e) 27 Page 106

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 109] section 140 1 section 141 2 section 142 3 section 143 4 section 144 5 section 145 6 section 148(2) and (4) 7 section 152 8 section 153(1) 9 section 154 10 section 155(2) 11 section 156(1) 12 section 157(2) 13 section 158 14 section 159(2) 15 section 161(2) 16 section 162(2) 17 section 163(3) 18 section 164 19 section 165 20 section 166 21 section 167(1) 22 section 168 23 section 170(2) 24 section 173 25 section 174 26 section 175 27 Page 107

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 109] section 176 1 section 177 2 section 179 3 section 180 4 section 181 5 section 182(1) 6 section 183 7 section 184(1) 8 section 185 9 section 188(1) 10 section 189 11 section 191 12 section 192 13 section 193 14 section 198(4) and (6) 15 section 199 16 section 200 17 section 201 18 section 202(3) 19 section 203 20 section 205(1) 21 section 206 22 section 206A 23 section 207 24 section 209 25 section 210(1) and (2) 26 section 212 27 Page 108

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 109] section 213 1 section 214(3) 2 part 5, division 6, heading 3 section 214A 4 section 214B 5 section 214C 6 section 214D 7 section 214E 8 part 5, division 6, subdivision 2, heading 9 section 214F 10 section 214G 11 section 214H 12 section 214I 13 section 215 14 section 217 15 section 218 16 section 223(2) 17 section 224 18 section 225 19 section 228(3) 20 section 230(1) 21 section 231 22 section 232 23 section 234(1) 24 section 236 25 section 240 26 section 242A(1)(a) 27 Page 109

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 109] section 247(4)(c) 1 section 248 2 section 249(1) 3 section 261K 4 section 264C 5 section 265(2) and (3) 6 section 265A(1)(b) 7 section 266(1) 8 section 267 9 section 267A(2) 10 section 268(2) 11 section 269(e) 12 section 270(e) 13 section 272 14 section 274 15 section 275 16 section 277 17 section 281 18 section 282(2)(b) 19 section 283(2) and (2B) 20 section 284(1) 21 section 285 22 section 287 23 section 288 24 section 289 25 section 290 26 section 291(2)(c) 27 Page 110

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 109] section 292(3) and (4) 1 section 295(2) 2 section 301 3 section 302(3)(b) 4 section 304 5 section 305 6 section 306 7 section 307 8 section 309(2) 9 section 310 10 section 312(1) 11 section 314(2) 12 section 316B(1) 13 section 316C 14 section 317 15 section 319 16 section 320 17 section 321 18 section 322(1) and (3) 19 section 323 20 section 324(1) and (3) 21 section 325A 22 section 325B(3) 23 section 325C(1) 24 section 325F 25 section 325G 26 section 325H 27 Page 111

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 109] section 325I 1 section 329(1)(k) 2 section 334 3 section 337(3) 4 section 337B 5 section 337C 6 section 337D 7 section 337E 8 section 337F 9 section 337G 10 section 337H 11 section 337I(1) 12 section 337J 13 section 337K 14 section 337L(2) and (4) 15 section 337M 16 section 337N 17 section 339 18 section 340 19 section 341A 20 section 343 21 section 347 22 section 348 23 section 358 24 section 361(d) 25 section 363 26 section 364 27 Page 112

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 110] section 365 1 schedule 2, definition approved accountant, paragraph 2 (e) 3 schedule 2, definition approved control system 4 schedule 2, definition approved game 5 schedule 2, definition approved place 6 schedule 2, definition approved responsible service of 7 gambling course 8 schedule 2, definition approved training course 9 schedule 2, definition approved trust account 10 schedule 2, definition authorised gaming machine 11 schedule 2, definition excluded interested person 12 schedule 2, definition financial year 13 schedule 2, definition multiple site jackpot increments 14 schedule 2, definition registration number 15 schedule 2, definition restricted official. 16 (2) Each of the following provisions is amended by omitting 17 `Chief executive' or `Chief executive's' and inserting 18 `Commissioner' or `Commissioner's'-- 19 section 55F, heading 20 section 91B, heading 21 section 200, heading. 22 Clause 110 Amendment of various sections for reference to 23 commission 24 Each of the following provisions is amended by omitting 25 `commission' or `commission's' and inserting 26 `commissioner' or `commissioner's'-- 27 section 55B(2) and (3) 28 section 55D(2), examples 29 Page 113

 


 

Fiscal Repair Amendment Bill 2012 Part 4 Amendment of Gaming Machine Act 1991 [s 110] section 55H(2) and (3) 1 section 59(1) and (2) 2 section 64(1), (2) and (3) 3 section 65(1) and (3)(a) 4 section 73(1) 5 section 74(1) and (2) 6 section 78(2)(b) 7 section 78A(3)(b) and (4)(c) 8 section 80A 9 section 85(1) and (2) 10 section 85AA 11 section 87(11) 12 section 90A(5) 13 section 91(3) 14 section 91A(5) 15 section 95(2F) 16 section 95A(1) 17 section 95B(1) 18 section 106 19 section 107(2) 20 section 108 21 section 109K(2) 22 section 109M 23 section 109Q 24 section 109T 25 section 109X 26 section 123 27 Page 114

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 111] section 126 1 section 127 2 section 148(1) and (5) 3 section 151(1) and (2) 4 section 152(2) and (3) 5 section 235(1) 6 section 342(4) and (5) 7 schedule 2, definition power. 8 Part 5 Amendment of Liquor Act 1992 9 Clause 111 Act amended 10 This part amends the Liquor Act 1992. 11 Clause 112 Amendment of s 4 (Definitions) 12 (1) Section 4, definitions approved form, assistant commissioner, 13 commission, commissioner and decision of significant 14 community impact-- 15 omit. 16 (2) Section 4-- 17 insert-- 18 `approved form means a form approved by the commissioner 19 under section 234A. 20 assistant police commissioner, for a locality, means the 21 assistant commissioner under the Police Service 22 Administration Act 1990 in charge of the police service for the 23 locality. 24 Page 115

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 113] commissioner means the Commissioner for Liquor and 1 Gaming under the Gaming Machine Act 1991. 2 police commissioner means the commissioner of the police 3 service.'. 4 Clause 113 Amendment of s 21 (Jurisdiction and powers of tribunal) 5 (1) Section 21(2)-- 6 omit. 7 (2) Section 21(3), `or the commission'-- 8 omit. 9 (3) Section 21(3)-- 10 renumber as section 21(2). 11 Clause 114 Amendment of s 30 (Who may apply for review of 12 decisions) 13 Section 30(1), `or the commission'-- 14 omit. 15 Clause 115 Amendment of s 31 (Failure to notify about decision) 16 Section 31(2), `or the commission'-- 17 omit. 18 Clause 116 Amendment of s 32 (Notification of review to interested 19 persons) 20 (1) Section 32(3)(c)-- 21 omit. 22 (2) Section 32(3)(d)-- 23 renumber as section 32(3)(c). 24 Page 116

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 117] Clause 117 Amendment of s 33 (Tribunal to decide review on 1 evidence before the chief executive or the commission) 2 Section 33, `or the commission'-- 3 omit. 4 Clause 118 Amendment of s 34 (Tribunal may give leave for review to 5 be decided on new evidence in particular circumstances) 6 Section 34, `or the commission'-- 7 omit. 8 Clause 119 Amendment of s 42A (Chief executive may issue 9 guidelines) 10 (1) Section 42A, `issue'-- 11 omit, insert-- 12 `make'. 13 (2) Section 42A(2), `issued'-- 14 omit, insert-- 15 `made'. 16 Clause 120 Amendment of s 58A (Licences subject to conditions 17 imposed under regulation) 18 Section 58A(2), `or the commission'-- 19 omit. 20 Clause 121 Amendment of s 69 (Authority of subsidiary off-premises 21 licence) 22 (1) Section 69(1)(i), `chief executive'-- 23 omit, insert-- 24 `commissioner'. 25 (2) Section 69(1)(i) and (ii)-- 26 Page 117

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 122] renumber as section 69(1)(a) and (b). 1 Clause 122 Amendment of s 89 (Definitions for div 8) 2 (1) Section 89, definition delegate-- 3 omit. 4 (2) Section 89-- 5 insert-- 6 `delegate means-- 7 (a) a person to whom the chief executive delegated the chief 8 executive's powers under former section 42; or 9 (b) a person to whom the commissioner has delegated the 10 commissioner's powers under section 42. 11 former section 42 means section 42 as in force before 1 July 12 2013.'. 13 Clause 123 Amendment of s 94 (Protection from liability) 14 (1) Section 94(1), after `executive'-- 15 insert-- 16 `or the commissioner'. 17 (2) Section 94(2), after `executive'-- 18 insert-- 19 `, the commissioner'. 20 (3) Section 94(4)-- 21 omit. 22 Clause 124 Replacement of s 99G (Commissioner must provide 23 information) 24 Section 99G-- 25 omit, insert-- 26 Page 118

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 125] `99G Police commissioner must provide information 1 `(1) The commissioner may ask the police commissioner to give 2 the commissioner the information the commissioner requires 3 to decide whether to classify licensed premises as high risk 4 under this division. 5 `(2) Subject to subsection (3), the police commissioner must 6 provide the information requested. 7 `(3) The obligation of the police commissioner to comply with the 8 commissioner's request applies only to information in the 9 possession of the police commissioner or to which the police 10 commissioner has access.'. 11 Clause 125 Amendment of s 103N (Adult entertainment code) 12 Section 103N(4)-- 13 omit, insert-- 14 `(4) The commissioner and the police commissioner are to make 15 the code.'. 16 Clause 126 Amendment of s 107 (Restrictions on grant of licence or 17 permit) 18 Section 107(5)(a), `from the commissioner'-- 19 omit, insert-- 20 `from the police commissioner'. 21 Clause 127 Amendment of s 107F (Application to be referred to 22 commissioner) 23 (1) Section 107F, heading, `commissioner'-- 24 omit, insert-- 25 `police commissioner'. 26 (2) Section 107F(1), `to the commissioner'-- 27 omit, insert-- 28 Page 119

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 128] `to the police commissioner'. 1 (3) Section 107F(2), `the commissioner'-- 2 omit, insert-- 3 `the police commissioner'. 4 (4) Section 107F(3), `The commissioner'-- 5 omit, insert-- 6 `The police commissioner'. 7 (5) Section 107F(4) and (5), `The commissioner's'-- 8 omit, insert-- 9 `The police commissioner's'. 10 Clause 128 Amendment of s 109B (Controllers) 11 (1) Section 109B(4), `to the commissioner'-- 12 omit, insert-- 13 `to the police commissioner'. 14 (2) Section 109B(5), `the commissioner'-- 15 omit, insert-- 16 `the police commissioner'. 17 (3) Section 109B(6), `The commissioner'-- 18 omit, insert-- 19 `The police commissioner'. 20 (4) Section 109B(7) and (8), `The commissioner's'-- 21 omit, insert-- 22 `The police commissioner's'. 23 Clause 129 Amendment of s 116 (When community impact statement 24 to be given to chief executive) 25 (1) Section 116(7)-- 26 Page 120

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 130] omit. 1 (2) Section 116(8) and (9) 2 renumber as section 116(7) and (8). 3 Clause 130 Amendment of s 119A (Objection by Minister to grant of 4 applications having significant community impact) 5 Section 119A(1)-- 6 omit, insert-- 7 `(1) This section applies if notice of an application for either of the 8 following is advertised under section 118-- 9 (a) a licence or variation of a licence; 10 (b) an extended trading hours approval or variation of an 11 extended trading hours approval.'. 12 Clause 131 Amendment of s 137 (Procedure for taking disciplinary 13 action in relation to licence) 14 Section 137(1), `, or the commission under section 142AO,'-- 15 omit. 16 Clause 132 Amendment of s 137A (Decision about disciplinary 17 action) 18 (1) Section 137A(1), (2) and (4), `, or the commission under 19 section 142AO,'-- 20 omit. 21 (2) Section 137A(1), (2) and (4), `or the commission'-- 22 omit. 23 Clause 133 Amendment of s 137B (Notice to be given about decision 24 of chief executive or commission) 25 (1) Section 137B, heading, `or commission'-- 26 Page 121

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 134] omit. 1 (2) Section 137B(1), (2) and (3), `or the commission'-- 2 omit. 3 Clause 134 Amendment of s 137D (Amount payable as a debt due to 4 the State) 5 Section 137D(1), `chief executive or the commission'-- 6 omit, insert-- 7 `commissioner'. 8 Clause 135 Omission of pt 5, div 7 (Decisions of significant 9 community impact to be made by commission) 10 Part 5, division 7-- 11 omit. 12 Clause 136 Amendment of s 142R (Deciding application) 13 Section 142R(4), `from the commissioner'-- 14 omit, insert-- 15 `from the police commissioner'. 16 Clause 137 Amendment of s 154A (Relocation of detached bottle 17 shops) 18 Section 154A(6)(b), after `executive'-- 19 insert-- 20 `or commissioner'. 21 Clause 138 Amendment of s 173ZQ (Commissioner must provide 22 information relevant to applications) 23 (1) Section 173ZQ, heading, `Commissioner'-- 24 omit, insert-- 25 Page 122

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 139] `Police commissioner'. 1 (2) Section 173ZQ(1), `ask the commissioner'-- 2 omit, insert-- 3 `ask the police commissioner'. 4 (3) Section 173ZQ(3), `commissioner'-- 5 omit, insert-- 6 `police commissioner'. 7 (4) Section 173ZQ(4), `of the commissioner'-- 8 omit, insert-- 9 `of the police commissioner'. 10 (5) Section 173ZQ(4), `which the commissioner'-- 11 omit, insert-- 12 `which the police commissioner'. 13 Clause 139 Amendment of s 173ZR (Chief executive may give copy of 14 order to commissioner) 15 (1) Section173ZR, heading, `commissioner'-- 16 omit, insert-- 17 `police commissioner'. 18 (2) Section 173ZR(2), `to the commissioner'-- 19 omit, insert-- 20 `to the police commissioner'. 21 Clause 140 Amendment of s 219 (Community investment fund) 22 Section 219(3), definition administered receipt, from 23 `Financial'-- 24 omit, insert-- 25 `Financial Accountability Act 2009, section 7.'. 26 Page 123

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 141] Clause 141 Amendment of s 232B (Commissioner to give information 1 to chief executive) 2 (1) Section 232B, heading, `Commissioner'-- 3 omit, insert-- 4 `Police commissioner'. 5 (2) Section 232B(2), `The commissioner'-- 6 omit, insert-- 7 `The police commissioner'. 8 Clause 142 Insertion of new s 234A 9 After section 234-- 10 insert-- 11 `234A Approval of forms 12 `The commissioner may approve forms for use under this 13 Act.'. 14 Clause 143 Insertion of new pt 12, div 12 15 Part 12-- 16 insert-- 17 `Division 12 Transitional provisions for Fiscal 18 Repair Amendment Act 2012 19 `308 Definitions for div 12 20 `In this division-- 21 commencement means the commencement of this section. 22 commission means the Queensland Liquor and Gaming 23 Commission established under the Gaming Machine Act 1991 24 as in force before the commencement. 25 former, for a provision of this Act, means the provision as in 26 force before the commencement. 27 Page 124

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 143] `309 Guidelines of chief executive or commissioner continue 1 as guidelines of commissioner 2 `(1) This section applies to the following guidelines-- 3 (a) guidelines issued by the chief executive under former 4 section 42A and in force immediately before the 5 commencement; 6 (b) guidelines issued by the commission under former 7 section 142AR and in force immediately before the 8 commencement. 9 `(2) On the commencement, the guidelines are taken to be 10 guidelines made by the commissioner under section 42A. 11 `310 Applications made to chief executive or commission 12 taken to be made to commissioner 13 `(1) This section applies if, before the commencement, a person 14 made an application under this Act to the chief executive or 15 commission and, immediately before the commencement, the 16 application had not been finally dealt with. 17 `(2) The application is taken to have been made to the 18 commissioner and the commissioner may deal or continue to 19 deal with the application after the commencement. 20 `311 Orders etc. of chief executive or commission taken to 21 be orders etc. of commissioner 22 `(1) This section applies to an order, application, direction, notice, 23 approval, action, authorisation or decision of the chief 24 executive or commission under this Act that is current 25 immediately before the commencement. 26 `(2) After the commencement, the order, application, direction, 27 notice, approval, action, authorisation or decision is taken to 28 be an order, application, direction, notice, approval, action, 29 authorisation or decision of the commissioner and the 30 commissioner may deal or continue to deal with the matter the 31 subject of the order, application, direction, notice, approval, 32 action, authorisation or decision. 33 Page 125

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 143] Examples-- 1 1 A licence current immediately before the commencement is taken 2 to have been granted by the commissioner and continues to be 3 current. 4 2 A licence granted before the commencement that, immediately 5 before the commencement, is suspended is taken to have been 6 granted, and suspended, by the commissioner. 7 3 The chief executive gave a licensee notice under former section 98 8 in relation to premises considered to be high risk and, at the 9 commencement, the 14-day period to make written representations 10 under former section 99 had not ended. After the commencement, 11 the commissioner may continue to act in relation to the notice under 12 part 4, division 9. 13 `(3) In this section-- 14 current includes in force. 15 `312 Appeal to tribunal about decisions of chief executive or 16 commission 17 `(1) This section applies if-- 18 (a) before the commencement, the chief executive or 19 commission had made a decision about a matter for 20 which an information notice must be given to a person; 21 and 22 (b) immediately before the commencement, the person had 23 not appealed the decision. 24 `(2) The person may appeal the decision to the tribunal after the 25 commencement as if the decision about the matter had been 26 made by the commissioner. 27 `(3) Nothing in this section affects -- 28 (a) the requirement that the person start the appeal within 29 28 days after receiving an information notice for the 30 decision being appealed; or 31 (b) the tribunal's power to extend the time for starting an 32 appeal. 33 Page 126

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 143] `313 Existing appeals about decisions of chief executive or 1 commission 2 `(1) This section applies to an appeal against a decision of the 3 chief executive or commission if, immediately before the 4 commencement, the appeal had not been finally dealt with. 5 `(2) The appeal is taken to be an appeal against a decision of the 6 commissioner and the court or tribunal may hear or continue 7 to hear and decide the appeal after the commencement as if 8 the decision had been made by the commissioner. 9 `314 Documents held by chief executive or commission 10 become documents of commissioner 11 `(1) This section applies to documents held by the chief executive 12 or commission before the commencement that-- 13 (a) relate to functions under this Act of the chief executive 14 or commission before the commencement; and 15 (b) on the commencement, relate to similar functions to be 16 performed by the commissioner under this Act. 17 `(2) On the commencement, the documents become the 18 documents of the commissioner and may be used by the 19 commissioner in performing the commissioner's functions 20 under this Act. 21 `315 Approved forms continue as approved forms of 22 commissioner 23 `(1) This section applies to an approved form in force immediately 24 before the commencement. 25 `(2) The approved form continues in force after the 26 commencement as if it had been approved by the 27 commissioner until the earlier of the following-- 28 (a) the commissioner approves a new form for the matter 29 the subject of the form; 30 (b) 12 months after the commencement.'. 31 Page 127

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 144] Clause 144 Amendment of various sections for reference to chief 1 executive 2 (1) Each of the following provisions is amended by omitting 3 `chief executive' or `chief executive's' and inserting 4 `commissioner' or `commissioner's'-- 5 section 4, definition approved training course 6 section 4, definition community impact statement 7 section 4, definition controller 8 section 4, definition detached bottle shop 9 section 4, definition disciplinary action 10 section 4, definition information notice 11 section 4, definition interested person 12 section 6(1)(a)(iii) 13 section 9 14 section 21 15 section 30 16 section 31 17 section 32 18 section 33 19 section 34 20 section 35(1) 21 section 42(1) 22 section 42A 23 section 43 24 section 44A 25 section 45 26 section 46(1) 27 section 47 28 Page 128

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 144] section 47A 1 section 51 2 section 52 3 section 53 4 section 58A(2) 5 section 60 6 section 61 7 section 64(2) 8 section 65 9 section 67C 10 section 67D 11 section 67E(1) 12 section 69A 13 section 71C 14 section 74 15 section 77(2) 16 section 78 17 section 79(1) 18 section 82 19 section 83(1) 20 section 84, note 21 section 85 22 section 88 23 section 91(2) 24 section 97 25 section 98 26 section 99 27 Page 129

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 144] section 99A 1 section 99B 2 section 99D 3 section 99E 4 section 99F 5 section 102(2)(b) 6 section 103 7 section 103D 8 section 103E(1) 9 section 103H 10 section 103I 11 section 103J 12 section 103K 13 section 103L 14 section 103M(1) 15 section 103N(6) 16 section 103P 17 section 103Q 18 section 103T(1) 19 section 103U(2) 20 section 103V 21 section 105 22 section 107 23 section 107A 24 section 107B 25 section 107C(1) 26 section 107D 27 Page 130

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 144] section 107E(1) 1 section 107F(1) and (3) 2 section 109B(2) to (4), (6), (9) and (10) 3 section 110 4 section 111 5 section 112 6 section 113 7 section 113A(2) 8 section 115 9 section 116 10 section 117 11 section 117A 12 section 118 13 section 118A(1) 14 section 119 15 section 119A(2) 16 section 120 17 section 121 18 section 122(1) 19 section 123 20 section 123A 21 section 123B 22 section 123C 23 section 124(2) 24 section 125 25 section 126 26 section 127 27 Page 131

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 144] section 129 1 section 130 2 section 131A 3 section 132 4 section 133 5 section 134 6 section 134A 7 section 134B 8 section 134C 9 section 136 10 section 137 11 section 137A 12 section 137B 13 section 137C 14 section 137E 15 section 139 16 section 140(1) and (2) 17 section 141(1) 18 section 141A(2) 19 section 142A 20 section 142B 21 section 142C 22 section 142D 23 section 142E 24 section 142F 25 section 142G 26 section 142H(1) 27 Page 132

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 144] section 142I 1 section 142J 2 section 142K 3 section 142L 4 section 142M 5 section 142N 6 section 142P 7 section 142Q 8 section 142R 9 section 142S(1) 10 section 142T(1) 11 section 142U 12 section 142V 13 section 142W 14 section 142X(1) 15 section 142Y 16 section 142Z(2) and (4) 17 section 142ZA 18 section 142ZB 19 section 142ZC 20 section 142ZD 21 section 142ZE 22 section 144 23 section 148 24 section 149 25 section 150 26 section 152(1) 27 Page 133

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 144] section 152A 1 section 153 2 section 153A(2) 3 section 154 4 section 154A(2) to (5) and (7) 5 section 154B 6 section 154C(2) 7 section 155(4), definition exempt minor 8 section 155AD 9 section 155AF 10 section 168 11 section 168A(2) 12 section 173J(1) and (3) 13 section 173N 14 section 173Q, definition authorised person 15 section 173ZQ(1) and (4) 16 section 173ZR 17 section 173ZS 18 section 174 19 section 187EB 20 section 187EC(4) 21 section 187G 22 section 201(1) 23 section 202(2) 24 section 203 25 section 209 26 section 215 27 Page 134

 


 

Fiscal Repair Amendment Bill 2012 Part 5 Amendment of Liquor Act 1992 [s 145] section 217 1 section 219(1) 2 section 220(1) 3 section 228(2) 4 section 232B 5 section 233 6 section 235(2). 7 (2) Each of the following provisions is amended by omitting 8 `Chief executive' or `Chief executive's' and inserting 9 `Commissioner' or `Commissioner's'-- 10 section 42A, heading 11 section 99F, heading 12 section 107C, heading 13 section 115, heading 14 section 123, heading 15 section 123A, heading 16 section 173ZR, heading. 17 Clause 145 Amendment of various sections for reference to 18 commission 19 Each of the following provisions is amended by omitting 20 `commission' and inserting `commissioner'-- 21 section 86 22 section 87. 23 Clause 146 Amendment of various sections for reference to assistant 24 commissioner 25 Each of the following provisions is amended by omitting 26 `assistant commissioner' and inserting `assistant police 27 commissioner'-- 28 Page 135

 


 

Fiscal Repair Amendment Bill 2012 Part 6 Amendment of Mineral Resources Act 1989 [s 147] section 107D(2) 1 section 112(1A) 2 section 117(1) and (2) 3 section 117A(1) 4 section 121(1) 5 section 173J(1). 6 Part 6 Amendment of Mineral 7 Resources Act 1989 8 Clause 147 Act amended 9 This part amends the Mineral Resources Act 1989. 10 Clause 148 Insertion of new s 321A 11 After section 321-- 12 insert-- 13 `321A Regulation may impose civil penalties 14 `(1) This section applies if a regulation provides for a person to 15 make an election about the time and manner, or amount, of 16 payment of royalty to the State. 17 `(2) To deter exploitation of the provision, the regulation may 18 impose a civil penalty-- 19 (a) for contravention of a prescribed requirement; or 20 (b) in other prescribed circumstances. 21 `(3) The amount of the civil penalty must be a prescribed amount 22 or a prescribed percentage of royalty payable.'. 23 Page 136

 


 

Fiscal Repair Amendment Bill 2012 Part 6 Amendment of Mineral Resources Act 1989 [s 149] Clause 149 Replacement of ss 332 and 333 1 Sections 332 and 333-- 2 omit, insert-- 3 `332 Unpaid royalty interest 4 `(1) A person must pay interest (unpaid royalty interest) on the 5 amount of royalty payable by the person to the State and 6 unpaid from time to time (unpaid royalty). 7 `(2) Unpaid royalty interest accrues on unpaid royalty-- 8 (a) at the rate prescribed under a regulation; and 9 (b) daily, for the period starting on the day after the amount 10 is required to be paid under this Act (the start date) and 11 ending on the day the unpaid royalty is paid in full, both 12 days inclusive. 13 `(3) A regulation may prescribe how unpaid royalty interest is 14 worked out in particular cases or classes of cases, including, 15 for example, how the interest is worked out if royalty is, under 16 a regulation, payable in instalments. 17 `(4) If the time for payment of royalty by a person is extended, the 18 extension of time must be disregarded for working out the 19 start date. 20 `(5) The order of application of a payment under section 332A 21 applies to determine the amount of unpaid royalty on which 22 unpaid royalty interest accrues. 23 `(6) The Minister may remit the whole or part of unpaid royalty 24 interest payable under this section. 25 `332A Application of payments 26 `A payment made by a person to the State for a liability 27 relating to royalty must be applied in the following order-- 28 (a) first, an amount payable under this Act in relation to the 29 royalty, other than unpaid royalty interest or royalty; 30 (b) second, unpaid royalty interest; 31 Page 137

 


 

Fiscal Repair Amendment Bill 2012 Part 6 Amendment of Mineral Resources Act 1989 [s 150] (c) last, royalty. 1 `333 Recovery of unpaid amounts 2 `(1) This section applies if a person does not pay the whole or part 3 of any of the following payable under this Act-- 4 (a) royalty; 5 (b) unpaid royalty interest; 6 (c) a civil penalty. 7 `(2) The unpaid amount is a debt payable to the relevant entity and 8 may be recovered by the relevant entity in a court of 9 competent jurisdiction. 10 `(3) Subsection (2) applies in relation to a civil penalty despite 11 section 412(3). 12 `(4) In this section-- 13 civil penalty means a civil penalty provided for under a 14 regulation made under section 321A. 15 relevant entity means-- 16 (a) for royalty payable to the State, unpaid royalty interest 17 or a civil penalty--the State; or 18 (b) for royalty payable to a person--the person to whom 19 royalty is payable.'. 20 Clause 150 Insertion of new pt 19, div 18 21 Part 19-- 22 insert-- 23 Page 138

 


 

Fiscal Repair Amendment Bill 2012 Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 151] `Division 18 Transitional provision for Fiscal 1 Repair Amendment Act 2012 2 `805 Application of Act to particular unpaid royalty 3 `(1) This section applies if, immediately before 1 October 2012, an 4 amount of royalty payable by a person to the State is unpaid 5 (the unpaid royalty). 6 `(2) This Act as in force on 1 October 2012 applies in relation to 7 the unpaid royalty on and from that day. 8 (3) For applying section 332 to the unpaid royalty under 9 subsection (2), the start date is taken to be 1 October 2012.'. 10 Clause 151 Amendment of sch 2 (Dictionary) 11 Schedule 2-- 12 insert-- 13 `unpaid royalty interest see section 332(1).'. 14 Part 7 Amendment of Petroleum and 15 Gas (Production and Safety) 16 Act 2004 17 Clause 152 Act amended 18 This part amends the Petroleum and Gas (Production and 19 Safety) Act 2004. 20 Clause 153 Amendment of s 81 (Conditions for renewal application) 21 Section 81(1)(d)-- 22 omit, insert-- 23 Page 139

 


 

Fiscal Repair Amendment Bill 2012 Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 154] `(d) petroleum royalty for petroleum produced under the 1 authority, any unpaid royalty interest on it, or any civil 2 penalty payable under a regulation made under section 3 604A;'. 4 Clause 154 Amendment of s 103 (Applying to divide) 5 Section 103(3)-- 6 omit, insert-- 7 `(d) petroleum royalty for petroleum produced under the 8 authority, any unpaid royalty interest on it, or any civil 9 penalty payable under a regulation made under section 10 604A;'. 11 Clause 155 Amendment of s 161 (Conditions for renewal application) 12 Section 161(1)(d)-- 13 omit, insert-- 14 `(d) petroleum royalty for petroleum produced under the 15 lease, any unpaid royalty interest on it, or any civil 16 penalty payable under a regulation made under section 17 604A;'. 18 Clause 156 Amendment of s 171 (Applying to divide) 19 Section 171(3)(d)-- 20 omit, insert-- 21 `(d) petroleum royalty for petroleum produced under the 22 original lease, any unpaid royalty interest on it, or any 23 civil penalty payable under a regulation made under 24 section 604A;'. 25 Clause 157 Amendment of s 595 (Fee for late lodgement of royalty 26 return) 27 Section 595(3) and (4)-- 28 Page 140

 


 

Fiscal Repair Amendment Bill 2012 Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 158] omit, insert-- 1 `(3) The prescribed fee must accompany a royalty return lodged 2 after the day mentioned in section 594. 3 `(4) The prescribed fee is payable in addition to any penalty 4 imposed under section 594. 5 `(5) The Minister may remit the whole or part of the fee mentioned 6 in subsection (3).'. 7 Clause 158 Amendment of s 597 (Petroleum producer's obligations if 8 use of estimates approved) 9 Section 597(5), note, from `602'-- 10 omit, insert-- 11 `602.'. 12 Clause 159 Amendment of s 600 (Overpayments) 13 Section 600(3), from `for petroleum'-- 14 omit, insert-- 15 `for petroleum royalty, unpaid royalty interest or a civil 16 penalty payable by the producer under a regulation made 17 under 604A.'. 18 Clause 160 Replacement of s 602 (Interest on unpaid petroleum 19 royalty or additional petroleum royalty) 20 Section 602-- 21 omit, insert-- 22 `602 Unpaid royalty interest 23 `(1) This section applies if an amount (unpaid petroleum royalty) 24 is payable by a person and unpaid from time to time for-- 25 (a) petroleum royalty that is payable under part 1; or 26 (b) additional petroleum royalty that is payable under 27 section 601. 28 Page 141

 


 

Fiscal Repair Amendment Bill 2012 Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 161] `(2) The person must pay interest (unpaid royalty interest) on the 1 unpaid petroleum royalty. 2 `(3) Unpaid royalty interest accrues on unpaid petroleum 3 royalty-- 4 (a) at the rate prescribed under a regulation; and 5 (b) daily, for the period starting on the day after the amount 6 is required to be paid under this Act and ending on the 7 day the unpaid petroleum royalty is paid in full, both 8 days inclusive. 9 `(4) A regulation may prescribe how unpaid royalty interest is 10 worked out in particular cases or classes of cases, including, 11 for example, how the interest is worked out if royalty is, under 12 a regulation, payable in instalments. 13 `(5) The order of application of a payment under section 602A 14 applies to determine the amount of unpaid petroleum royalty 15 on which unpaid royalty interest accrues. 16 `(6) The Minister may remit the whole or part of unpaid royalty 17 interest payable under this section. 18 `602A Application of payments 19 `A payment made by a person to the State for a liability 20 relating to petroleum royalty must be applied in the following 21 order-- 22 (a) first, an amount payable under this Act in relation to the 23 royalty, other than unpaid petroleum royalty interest or 24 petroleum royalty; 25 (b) second, unpaid petroleum royalty interest; 26 (c) last, petroleum royalty.'. 27 Clause 161 Amendment of s 603 (Recovery of unpaid petroleum 28 royalty and interest) 29 (1) Section 603, heading, from `petroleum'-- 30 omit, insert-- 31 Page 142

 


 

Fiscal Repair Amendment Bill 2012 Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 162] `amounts'. 1 (2) Section 603(c), `unpaid petroleum'-- 2 omit, insert-- 3 `unpaid'. 4 (3) Section 603-- 5 insert-- 6 `(d) a civil penalty payable by the producer under a 7 regulation made under section 604A;'. 8 (4) Section 603, `petroleum royalty or interest'-- 9 omit, insert-- 10 `petroleum royalty, interest or civil penalty'. 11 Clause 162 Insertion of new s 604A 12 Chapter 6, part 3-- 13 insert-- 14 `604A Regulation may impose civil penalties 15 `(1) This section applies if a regulation provides for a person to 16 make an election about the time and manner, or amount, of 17 payment of petroleum royalty to the State. 18 `(2) To deter exploitation of the provision, the regulation may 19 impose a civil penalty-- 20 (a) for contravention of a prescribed requirement; or 21 (b) in other prescribed circumstances. 22 `(3) The amount of the civil penalty must be a prescribed amount 23 or a prescribed percentage of petroleum royalty payable.'. 24 Clause 163 Insertion of new ch 15, pt 14 25 Chapter 15-- 26 insert-- 27 Page 143

 


 

Fiscal Repair Amendment Bill 2012 Part 7 Amendment of Petroleum and Gas (Production and Safety) Act 2004 [s 164] `Part 14 Transitional provisions for 1 Fiscal Repair Amendment Act 2 2012 3 `974 Application of Act to particular unpaid royalty 4 `(1) This section applies if, immediately before 1 October 2012, an 5 amount of petroleum royalty payable by a person to the State 6 is unpaid (the unpaid petroleum royalty). 7 `(2) This Act as in force on 1 October 2012 applies in relation to 8 the unpaid petroleum royalty on and from that day. 9 (3) For applying section 602 to the unpaid petroleum royalty 10 under subsection (2), the period in section 602(3)(b) is taken 11 to start on 1 October 2012. 12 `975 Remission of late payment fee under s 595 13 `Section 595(5), as in force on 1 October 2012, applies in 14 relation to a fee paid or payable under section 595 before, on 15 or after that date.'. 16 Clause 164 Amendment of sch 2 (Dictionary) 17 (1) Schedule 2, definition unpaid petroleum royalty interest-- 18 omit. 19 (2) Schedule 2-- 20 insert-- 21 `unpaid royalty interest see section 602(2).'. 22 Page 144

 


 

Fiscal Repair Amendment Bill 2012 Part 8 Amendment of Queensland Competition Authority Act 1997 [s 165] Part 8 Amendment of Queensland 1 Competition Authority Act 1997 2 Clause 165 Act amended 3 This part amends the Queensland Competition Authority Act 4 1997. 5 Clause 166 Amendment of s 10 (Authority's functions) 6 (1) Section 10(1)(lb)-- 7 omit, insert-- 8 `(lb) if directed by the Ministers--under the direction, to 9 review and report on-- 10 (i) regulatory proposals of government agencies; or 11 (ii) regulatory impact statements; and'. 12 (2) Section 10(2)-- 13 omit. 14 Clause 167 Amendment of s 12 (Directions by Ministers about 15 authority's functions) 16 (1) Section 12(5)(a), `section 10(1)(e)'-- 17 omit, insert-- 18 `section 10(e)'. 19 (2) Section 12(5)(b), `section 10(1)(lb)'-- 20 omit, insert-- 21 `section 10(lb)'. 22 Clause 168 Amendment of s 234 (Cabinet matter not to be disclosed) 23 (1) Section 234, heading-- 24 omit, insert-- 25 Page 145

 


 

Fiscal Repair Amendment Bill 2012 Part 8 Amendment of Queensland Competition Authority Act 1997 [s 169] `234 Disclosure of Cabinet information'. 1 (2) Section 234-- 2 insert-- 3 `(3) Subsection (4) applies if, in good faith, a person produces a 4 document, answers a question or gives a statement relating to 5 exempt matter for the purpose of enabling the authority to 6 perform a function mentioned in section 10(e), (lb) or (lc) (a 7 relevant disclosure). 8 `(4) The relevant disclosure by the person does not, of itself, 9 constitute-- 10 (a) a contravention of the Criminal Code, section 85; or 11 (b) a disciplinary ground under the Public Service Act 2008, 12 section 187(1)(b) or (f); or 13 (c) official misconduct under the Crime and Misconduct 14 Act 2001, section 15(b).'. 15 Clause 169 Amendment of s 239, hdg (Confidential information) 16 Section 239, heading, after `information'-- 17 insert-- 18 `--commercial activities'. 19 Clause 170 Insertion of new s 239A 20 After section 239-- 21 insert-- 22 `239A Confidential information--regulatory proposals, 23 regulatory impact statements and exempt matter 24 `(1) This section applies if information (other than information to 25 which section 187, 207 or 239 applies) is received by the 26 authority in the course of performing its functions under 27 section 10(lb), including, for example, the following 28 information-- 29 Page 146

 


 

Fiscal Repair Amendment Bill 2012 Part 8 Amendment of Queensland Competition Authority Act 1997 [s 171] (a) a regulatory proposal of a government agency or 1 regulatory impact statement; 2 (b) information relating to the regulatory proposal or 3 regulatory impact statement submitted, or proposed to 4 be submitted, to Cabinet for its consideration. 5 `(2) This section also applies if information that is exempt matter 6 (other than information to which section 187, 207 or 239 7 applies) is received by the authority in the course of 8 performing its functions under section 10(e) or (lc). 9 `(3) The authority must take all reasonable steps to ensure the 10 information is not disclosed other than-- 11 (a) to a member; or 12 (b) to an employee, consultant or agent of the authority who 13 receives the information in the course of his or her 14 duties; or 15 (c) under an Act; or 16 (d) with the consent of the government agency that gave the 17 information to the authority; or 18 (e) for information mentioned in subsection (1)--under 19 guidelines about a regulatory impact statement system 20 approved by the Treasurer.'. 21 Clause 171 Omission of pt 11 (Transitional provisions for 22 Queensland Competition Authority Amendment Act 2008) 23 Part 11-- 24 omit. 25 Clause 172 Amendment of sch 2 (Dictionary) 26 Schedule 2-- 27 insert-- 28 `regulatory impact statement means a regulatory impact 29 statement prepared for proposed legislation under guidelines 30 Page 147

 


 

Fiscal Repair Amendment Bill 2012 Part 9 Amendment of State Penalties Enforcement Act 1999 [s 173] about a regulatory impact statement system approved by the 1 Treasurer.'. 2 Part 9 Amendment of State Penalties 3 Enforcement Act 1999 4 Clause 173 Act amended 5 This part amends the State Penalties Enforcement Act 1999. 6 Clause 174 Replacement of s 152 (Information from entities other 7 than police service) 8 Section 152-- 9 omit, insert-- 10 `152 Information from persons other than police service 11 `(1) The registrar may, by written notice given to a person, require 12 the person to-- 13 (a) give to the registrar, either orally or in writing, 14 information in the person's knowledge about a stated 15 matter within a stated reasonable time and in a stated 16 reasonable way; or 17 (b) give to the registrar a document about a stated matter in 18 the person's possession or control within a stated 19 reasonable time and in a stated reasonable way. 20 `(2) The power conferred under subsection (1) must only be 21 exercised for the administration or enforcement of this Act. 22 `(3) A person must not fail, without reasonable excuse, to comply 23 with a requirement made under subsection (1) within the time, 24 and in the way, stated in the notice. 25 Maximum penalty--100 penalty units. 26 Page 148

 


 

Fiscal Repair Amendment Bill 2012 Part 9 Amendment of State Penalties Enforcement Act 1999 [s 174] `(4) If the person reasonably suspects giving the registrar 1 information or a document is likely to endanger the safety of a 2 person, it is a reasonable excuse for the person not to give the 3 registrar that information or document. 4 `(5) This section does not apply to the Queensland Police Service. 5 `152A Attendance by persons other than police service 6 `(1) The registrar may, by written notice given to a person, require 7 the person to attend before the registrar to do either or both of 8 the following-- 9 (a) give the registrar, either orally or in writing, information 10 in the person's knowledge about a stated matter; 11 (b) give the registrar a document about a stated matter in the 12 person's possession or control. 13 `(2) The notice must state a reasonable time and place for the 14 person's attendance. 15 `(3) The registrar may require-- 16 (a) information to be given on oath; or 17 (b) information or a document given to be verified by 18 statutory declaration. 19 `(4) The powers conferred under subsections (1) and (3) must only 20 be exercised for the administration or enforcement of this Act. 21 `(5) When making a requirement under this section, the registrar 22 must warn the person it is an offence to fail to comply with the 23 requirement, unless the person has a reasonable excuse. 24 `(6) The person must not fail, without reasonable excuse, to-- 25 (a) attend as required by the notice; or 26 (b) give information the person is required to give by the 27 registrar in the way required; or 28 (c) give a document the person is required to give by the 29 notice; or 30 (d) comply with a requirement under subsection (3). 31 Page 149

 


 

Fiscal Repair Amendment Bill 2012 Part 9 Amendment of State Penalties Enforcement Act 1999 [s 174] Maximum penalty--100 penalty units. 1 `(7) If the person reasonably suspects giving the registrar 2 information or a document is likely to endanger the safety of a 3 person, it is a reasonable excuse for the person not to give the 4 registrar that information or document. 5 `(8) A person, other than an enforcement debtor or the 6 enforcement debtor's representative, who is required under a 7 notice under this section to attend a place is entitled to be paid 8 the expenses prescribed under a regulation. 9 `(9) For subsection (3)(a), the registrar may administer an oath. 10 `(10) This section does not apply to the Queensland Police Service. 11 `152B Power to record giving of information 12 `(1) This section applies if a person is giving information to the 13 registrar under a requirement under section 152A. 14 `(2) With the person's knowledge, a recording may be made, in 15 the way the registrar considers appropriate, of questions asked 16 by the registrar and information given by the person. 17 `(3) If asked to do so by the person, the registrar must give the 18 person a copy of the recording. 19 `152C Registrar may require translation or conversion of 20 document or information 21 `(1) This section applies if-- 22 (a) a person gives information or a document to the 23 registrar; and 24 (b) the registrar reasonably believes the information or 25 document is relevant to the administration or 26 enforcement of this Act. 27 `(2) The registrar may, by written notice given to the person, 28 require the person to translate or convert into a written 29 document in the English language and Australian currency the 30 information or document mentioned in subsection (1). 31 Page 150

 


 

Fiscal Repair Amendment Bill 2012 Part 9 Amendment of State Penalties Enforcement Act 1999 [s 174] `(3) The notice must state the reasonable time for compliance with 1 the requirement. 2 `(4) The person must not fail, without reasonable excuse, to 3 comply with the requirement. 4 Maximum penalty--100 penalty units. 5 `(5) If the person does not comply with the requirement, the 6 registrar may have the document or information translated or 7 converted. 8 `(6) The costs and expenses incurred under subsection (5) are a 9 debt payable to the State by the person and may be recovered 10 by the registrar by action in a court of competent jurisdiction. 11 `152D Self-incrimination not a reasonable excuse for failure to 12 comply with requirement under s 152 or 152A 13 `(1) This section applies if, under section 152 or 152A, a person is 14 required by written notice given to the person to give 15 information or a document to the registrar. 16 `(2) It is not a reasonable excuse for the person to fail to comply 17 with the requirement because complying with the requirement 18 might tend to incriminate the person. 19 `(3) However, evidence of, or evidence directly or indirectly 20 derived from, information or a document given in compliance 21 with the requirement by the person that might tend to 22 incriminate the person is not admissible in evidence against 23 the person in a criminal proceeding, other than a proceeding 24 in which the falsity or misleading nature of the information or 25 document is relevant. 26 `152E False or misleading documents 27 `(1) A person must not give the registrar a document containing 28 information that the person knows, or should reasonably 29 know, is false or misleading in a material particular. 30 Maximum penalty--100 penalty units. 31 Page 151

 


 

Fiscal Repair Amendment Bill 2012 Part 9 Amendment of State Penalties Enforcement Act 1999 [s 174] `(2) Subsection (1) does not apply to a person who, when giving 1 the document-- 2 (a) tells the registrar of the extent to which the document is 3 false or misleading; and 4 (b) to the extent the person has, or can reasonably get, the 5 correct information--gives the correct information to 6 the registrar. 7 `152F False or misleading information 8 `A person must not state anything to the registrar that the 9 person knows is false or misleading in a material particular. 10 Maximum penalty--100 penalty units. 11 `152G Disclosure of confidential information--information 12 acquired by official in official's capacity 13 `(1) An official must not disclose confidential information 14 acquired by the official in the official's capacity to anyone 15 else other than-- 16 (a) for information mentioned in section 151--under that 17 section; or 18 (b) for other information--under this section or section 19 152H. 20 Maximum penalty--100 penalty units. 21 `(2) The registrar may disclose personal confidential 22 information-- 23 (a) to the person to whom the information relates or, if 24 either of the following applies, to someone else-- 25 (i) with the consent, express or implied, of the person 26 to whom the information relates; 27 (ii) the registrar reasonably believes is acting for the 28 person to whom the information relates; or 29 Page 152

 


 

Fiscal Repair Amendment Bill 2012 Part 9 Amendment of State Penalties Enforcement Act 1999 [s 174] (b) if the disclosure is expressly permitted or required under 1 another Act; or 2 (c) in connection with the administration or enforcement of 3 this Act or a revenue law; or 4 (d) in relation to a legal proceeding under this Act; or 5 (e) to the Minister, or an officer of the department, for-- 6 (i) developing or monitoring policies for, or the 7 operation of, this Act; or 8 (ii) administering the Financial Accountability Act 9 2009, section 21. 10 `(3) Also, if the registrar becomes aware, from information 11 obtained or held by the registrar in the course of administering 12 this Act, of a particular offence or suspected offence (whether 13 against this Act or another law), the registrar may disclose 14 confidential information about the offence or suspected 15 offence to a member of the Queensland Police Service or the 16 Australian Federal Police for an investigation or proceeding 17 (including for starting an investigation or proceeding). 18 `(4) Also, the registrar may disclose confidential information other 19 than personal confidential information to any person, or for 20 any purpose, the registrar is satisfied is appropriate in the 21 circumstances. 22 `(5) This section does not create a right in any person to be given 23 confidential information. 24 `(6) In this section-- 25 confidential information means information, including a 26 document, that is disclosed to, obtained by, or otherwise held 27 by, an official under or in relation to this Act. 28 official means a person who is, or has been, engaged in 29 administering or enforcing this Act. 30 personal confidential information, for a person, means 31 confidential information that-- 32 (a) identifies, or is likely to identify, the person; or 33 Page 153

 


 

Fiscal Repair Amendment Bill 2012 Part 9 Amendment of State Penalties Enforcement Act 1999 [s 174] (b) discloses matters about the person's affairs. 1 revenue law means-- 2 (a) a law of the Commonwealth or a State about the 3 assessment, imposition or collection of a tax, fee, duty, 4 royalty or other impost; or 5 (b) another law administered by the Commissioner of State 6 Revenue appointed under the Taxation Administration 7 Act 2001. 8 Note-- 9 See the Taxation Administration Act 2001, sections 7 and 8 for the 10 appointment and functions of the Commissioner of State Revenue. 11 `152H Other obligations about disclosure of confidential 12 information 13 `(1) Subsection (2) applies if-- 14 (a) a person-- 15 (i) knowingly acquires confidential information 16 without lawful authority; or 17 (ii) receives confidential information that the person 18 knows, or ought reasonably to know, is 19 confidential information; and 20 (b) the person is not an official who acquires the 21 information in the official's capacity. 22 Example for subsection (1)(a)(i)-- 23 A person employed by a cleaning contractor engaged by the State to 24 clean reads a document in the registrar's office containing confidential 25 information. 26 Example for subsection (1)(a)(ii)-- 27 A person, other than the addressee of an email, receives the email that 28 states the information in it is confidential and is intended for the 29 addressee's purposes only. 30 `(2) The person must not disclose the information to anyone else 31 unless the disclosure is permitted-- 32 Page 154

 


 

Fiscal Repair Amendment Bill 2012 Part 9 Amendment of State Penalties Enforcement Act 1999 [s 174] (a) for information mentioned in section 151--under that 1 section; or 2 (b) for other information--under this section. 3 Maximum penalty--100 penalty units. 4 `(3) If, under section 152G, the registrar discloses confidential 5 information to a person, the person may disclose the 6 information-- 7 (a) to the extent necessary to enable the person to exercise a 8 power or perform a function conferred on the person 9 under a law for the administration or enforcement of the 10 law; or 11 (b) for the purpose for which it was disclosed under the 12 section; or 13 (c) to anyone else for any purpose if the information relates 14 to the person. 15 `(4) In this section-- 16 confidential information see section 152G(6). 17 official see section 152G(6). 18 `152I Refusal to disclose particular information 19 `(1) A person engaged in the administration or enforcement of this 20 Act can not be compelled to disclose to a court or QCAT in a 21 proceeding, or to a party to the proceeding-- 22 (a) confidential information; or 23 (b) whether or not the person has received particular 24 confidential information; or 25 (c) the identity of the source of particular confidential 26 information. 27 `(2) Subsection (1) does not apply to a proceeding for the 28 administration or enforcement of this Act.'. 29 Page 155

 


 

Fiscal Repair Amendment Bill 2012 Part 10 Amendment of Statutory Instruments Act 1992 [s 175] Part 10 Amendment of Statutory 1 Instruments Act 1992 2 Clause 175 Act amended 3 This part amends the Statutory Instruments Act 1992. 4 Clause 176 Amendment of s 4 (Displacement of Act by contrary 5 intention) 6 Section 4, `(other than part 5)'-- 7 omit. 8 Clause 177 Omission of pt 5 (Guidelines for regulatory impact 9 statements) 10 Part 5-- 11 omit. 12 Part 11 Amendment of Taxation 13 Administration Act 2001 14 Clause 178 Act amended 15 This part amends the Taxation Administration Act 2001. 16 Clause 179 Amendment of s 111 (Disclosure of confidential 17 information) 18 (1) Section 111(2)(d)-- 19 omit, insert-- 20 `(d) to a person for the administration or enforcement of-- 21 Page 156

 


 

Fiscal Repair Amendment Bill 2012 Part 12 Amendment of Vocational Education, Training and Employment Act 2000 [s 180] (i) a recognised law or another law about taxation 1 revenue; or 2 (ii) a royalty law; or'. 3 (2) Section 111(2)-- 4 insert-- 5 `(h) to the registrar of the State Penalties Enforcement 6 Registry, appointed under the State Penalties 7 Enforcement Act 1999, for the administration or 8 enforcement of that Act.'. 9 (3) Section 111-- 10 insert-- 11 `(7) In this section-- 12 royalty law means an Act administered by the Minister 13 providing for payment of a royalty.'. 14 Part 12 Amendment of Vocational 15 Education, Training and 16 Employment Act 2000 17 Clause 180 Act amended 18 This part amends the Vocational Education, Training and 19 Employment Act 2000. 20 Clause 181 Amendment of ch 5, hdg (Ombudsman and Skills 21 Queensland) 22 Chapter 5, heading, `Ombudsman and'-- 23 omit. 24 Page 157

 


 

Fiscal Repair Amendment Bill 2012 Part 12 Amendment of Vocational Education, Training and Employment Act 2000 [s 182] Clause 182 Omission of ch 5, pt 1 (Training ombudsman) 1 Chapter 5, part 1-- 2 omit. 3 Clause 183 Replacement of ch 5, pt 3, hdg (Training and Employment 4 Recognition Council) 5 Chapter 5, part 3, heading-- 6 omit, insert-- 7 `Part 3 Particular functions of Skills 8 Queensland'. 9 Clause 184 Amendment of s 183B (Decision about employment 10 exemption) 11 Section 183B(4)(d)-- 12 omit, insert-- 13 `(d) that the young person or parent of the young person may 14 apply, as provided under the QCAT Act, to QCAT for a 15 review of the decision;'. 16 Clause 185 Amendment of s 183C (Amending or cancelling 17 employment exemption) 18 Section 183C(5)(d)-- 19 omit, insert-- 20 `(d) that the young person or parent of the young person may 21 apply, as provided under the QCAT Act, to QCAT for a 22 review of the decision;'. 23 Clause 186 Amendment of s 224 (Review by QCAT) 24 Section 224(2)-- 25 omit, insert-- 26 Page 158

 


 

Fiscal Repair Amendment Bill 2012 Part 12 Amendment of Vocational Education, Training and Employment Act 2000 [s 187] `(2) The application must be made as provided under the QCAT 1 Act.'. 2 Clause 187 Amendment of s 277 (False or misleading statements to 3 official) 4 (1) Section 277(2), definition official, paragraph (b)-- 5 omit. 6 (2) Section 277(2), definition official, paragraphs (c) and (d)-- 7 renumber as paragraphs (b) and (c). 8 Clause 188 Amendment of s 284 (Other disclosure of interests) 9 Section 284(2)-- 10 omit, insert-- 11 `(2) The person must disclose the interest to-- 12 (a) if the person is the chief executive officer--the 13 chairperson of Skills Queensland; or 14 (b) otherwise--the chief executive. 15 Maximum penalty--50 penalty units.'. 16 Clause 189 Amendment of s 286 (Protection of confidentiality) 17 Section 286(3)(c), `or the ombudsman'-- 18 omit. 19 Clause 190 Amendment of s 289 (Evidentiary provisions) 20 (1) Section 289(2)(a)(i)-- 21 omit. 22 (2) Section 289(2)(a)(iii) and (iv)-- 23 renumber as section 289(2)(a)(i) and (ii). 24 Page 159

 


 

Fiscal Repair Amendment Bill 2012 Part 12 Amendment of Vocational Education, Training and Employment Act 2000 [s 191] (3) Section 289(3), `the ombudsman,'-- 1 omit. 2 Clause 191 Amendment of s 290 (Protection from liability) 3 (1) Section 290(3), definition indemnified person, paragraph 4 (b)-- 5 omit. 6 (2) Section 290(3), definition indemnified person, paragraphs (d) 7 to (i)-- 8 renumber as paragraphs (b) to (g). 9 Clause 192 Insertion of new ch 10, pt 8 10 Chapter 10-- 11 insert-- 12 `Part 8 Transitional provisions for 13 Fiscal Repair Amendment Act 14 2012 15 `407 Definitions for pt 8 16 `In this part-- 17 commencement means the time this part commences. 18 former ombudsman means the person holding appointment as 19 the training ombudsman under repealed section 133 20 immediately before the commencement. 21 `408 End of appointment 22 `(1) On the commencement, the former ombudsman goes out of 23 office. 24 `(2) No compensation is payable to the former ombudsman 25 because of subsection (1). 26 Page 160

 


 

Fiscal Repair Amendment Bill 2012 Part 12 Amendment of Vocational Education, Training and Employment Act 2000 [s 192] `409 Documents and records 1 `On the commencement, documents and records of the former 2 ombudsman become documents and records of the 3 department. 4 `410 Transitional regulation-making power 5 `(1) A transitional regulation may provide for anything-- 6 (a) necessary to provide for, allow or facilitate a matter 7 relating to the omission of provisions of this Act about 8 the training ombudsman; and 9 (b) for which this Act does not provide or sufficiently 10 provide. 11 `(2) The matters for which a transitional regulation may provide 12 include-- 13 (a) an entity that may or must deal with an outstanding 14 matter; and 15 (b) how an outstanding matter may or must be dealt with; 16 and 17 (c) the giving of a notice to a person to whom an 18 outstanding matter relates; and 19 (d) the review of a decision by an entity that deals with an 20 outstanding matter. 21 `(3) A transitional regulation may have retrospective operation to a 22 day that is not earlier than the day on which this section 23 commences. 24 `(4) A transitional regulation must declare it is a transitional 25 regulation. 26 `(5) This section and any transitional regulation expire 1 year after 27 the day on which this section commences. 28 `(6) In this section-- 29 outstanding matter means-- 30 Page 161

 


 

Fiscal Repair Amendment Bill 2012 Part 13 Repeals and amendment of other Acts [s 193] (a) a complaint, application or other matter received by the 1 former ombudsman that, on the commencement, had not 2 been finally dealt with; or 3 (b) a review started by the former ombudsman but not 4 completed before the commencement.'. 5 Clause 193 Amendment of sch 3 (Dictionary) 6 (1) Schedule 3, definitions adverse decision about an employment 7 exemption, ombudsman and referrable matter-- 8 omit. 9 (2) Schedule 2, definition information notice, `the 10 ombudsman,'-- 11 omit. 12 Part 13 Repeals and amendment of 13 other Acts 14 Division 1 Repeals 15 Clause 194 Repeal of Acts 16 The following Acts are repealed-- 17 Brisbane Markets Act 2002, No. 16 18 Family Security Friendly Society (Distribution of 19 Moneys) Act 1991, No. 89. 20 Page 162

 


 

Fiscal Repair Amendment Bill 2012 Part 13 Repeals and amendment of other Acts [s 195] Division 2 Amendment of other Acts 1 Clause 195 Minor and consequential amendments 2 The schedule amends the Acts mentioned in it. 3 Page 163

 


 

Fiscal Repair Amendment Bill 2012 Schedule Schedule Acts amended 1 section 195 2 Child Care Act 2002 3 1 Part 10, division 4-- 4 omit. 5 Coastal Protection and Management Act 1995 6 1 Section 54(4)-- 7 omit. 8 Corporations (Ancillary Provisions) Act 2001 9 1 Section 23(3)-- 10 omit. 11 Disaster Management Act 2003 12 1 Section 67(5)-- 13 omit. 14 Page 164

 


 

Fiscal Repair Amendment Bill 2012 Schedule 2 Section 72(5)-- 1 omit. 2 Evidence Act 1977 3 1 Section 47(2)-- 4 insert-- 5 `regulatory impact statement means a regulatory impact 6 statement prepared under-- 7 (a) the Statutory Instruments Act 1992, part 5 as in force 8 from time to time before its repeal by the Fiscal Repair 9 Amendment Act 2012; or 10 (b) guidelines, for a regulatory impact statement system, 11 approved by the Treasurer.'. 12 Legislative Standards Act 1992 13 1 Section 2, definition significant subordinate legislation, 14 `the Statutory Instruments Act 1992'-- 15 omit, insert-- 16 `guidelines, for a regulatory impact statement system, approved by 17 the Treasurer'. 18 Page 165

 


 

Fiscal Repair Amendment Bill 2012 Schedule Marine Parks Act 2004 1 1 Section 16(2), `the information that would, but for section 2 19(5), be required under the Statutory Instruments Act 3 1992, section 44 for a regulatory impact statement'-- 4 omit, insert-- 5 `the RIS information'. 6 2 Section 16(8)-- 7 insert-- 8 `RIS information means the information required to be 9 included in a regulatory impact statement under the Statutory 10 Instruments Act 1992, section 44 as in force immediately 11 before its repeal by the Fiscal Repair Amendment Act 2012.'. 12 3 Section 19(5)-- 13 omit. 14 Motor Racing Events Act 1990 15 1 Section 50-- 16 omit. 17 Parliament of Queensland Act 2001 18 1 Section 93(2)(b), `parts 5'-- 19 omit, insert-- 20 `parts 6'. 21 Page 166

 


 

Fiscal Repair Amendment Bill 2012 Schedule 2 Section 93(2)-- 1 insert-- 2 `(c) for subordinate legislation--the guidelines, for a 3 regulatory impact statement system, approved by the 4 Treasurer. 5 Editor's note-- 6 The guidelines may be accessed on the website of Queensland 7 Treasury and Trade at .'. 8 Public Health Act 2005 9 1 Section 323(6)-- 10 omit. 11 Public Safety Preservation Act 1986 12 1 Section 14(6)-- 13 omit. 14 Supreme Court of Queensland Act 1991 15 1 Section 88, heading, `RIS requirements and'-- 16 omit. 17 2 Section 88(1), `parts 5 and 7 do'-- 18 omit, insert-- 19 Page 167

 


 

Fiscal Repair Amendment Bill 2012 Schedule `part 7 does'. 1 Tobacco and Other Smoking Products Act 1998 2 1 Section 14, definition gaming machine area, `schedule'-- 3 omit, insert-- 4 `schedule 2'. 5 2 Schedule, definition gaming machine, `schedule'-- 6 omit, insert-- 7 `schedule 2'. 8 Transport Operations (Marine Safety) Act 1994 9 1 Section 45(3)-- 10 omit. 11 Transport Operations (Passenger Transport) Act 1994 12 1 Section 92(3)-- 13 omit. 14 Page 168

 


 

Fiscal Repair Amendment Bill 2012 Schedule Water Act 2000 1 1 Chapter 2, part 3, division 2, subdivision 6-- 2 omit. 3 2 Section 71-- 4 omit. 5 Wet Tropics World Heritage Protection and 6 Management Act 1993 7 1 Section 41(5)-- 8 omit. 9 10 State of Queensland 2012 Page 169

 


[Index] [Search] [Download] [Related Items] [Help]